§ 5.5-39. Appeal.

Within ten (10) days of the date a monetary or administrative penalty assessment final order is received, an alarm user may file a written notice with the records division of the city police department to appeal said final order. The alarm user's written appeal must clearly state the basis of appeal and contain all other relevant information. Failure of the alarm user to provide timely notice of the appeal shall constitute a waiver of the right to contest the penalty assessment. Appeals shall be heard through an administrative process established by the police chief or his designee.

Upon receipt of a properly filed written notice of appeal, the police chief or his designee shall review the penalty assessment in its entirety to determine if it should be sustained or amended. The police chief or his designee may modify or void the penalty assessment final order based upon the totality of the circumstances and preponderance of the evidence presented. Written notice of the appeal determination shall be issued to the appellant within thirty (30) days of the notice of appeal being received by the city police department. Any decision by the Police Chief or his designee may only be further appealed by the alarm user filing a petition for writ of certiorari to the Tenth Judicial Circuit of Florida, in accordance with the applicable rules of appellate procedure.

(Ord. No. O-08-27, § 1, 6-23-08; Ord. No. O-15-31 , § 1, 12-28-15)