1. The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal by paying an appeal fee and setting forth the reasons for the appeal. The appeal must be entitled “Appeal from Alarm Administrator’s Action.” The appeal fee shall be in an amount established by resolution of the city council and will be returned to the appealing party if the appeal is successful.

2. The police chief (or designee) shall conduct a hearing on the appeal within thirty days after the police department’s receipt of the request for appeal and appeal fee and shall consider the evidence submitted by the appealing party and the alarm administrator. The police chief (or designee) must base the decision on the preponderance of evidence presented at the hearing and must render a decision within fifteen days after the date of the hearing. The decision shall affirm or reverse the decision or action taken by the alarm administrator.

3. Filing of an appeal stays any action by the alarm administrator to suspend an alarm registration or require the payment of a fee or fine until the appeal process has been exhausted. This provision applies only to the action of the alarm administrator that is the subject of the appeal. This provision does not operate as a bar to enforcement action on violations of this section that occur thereafter.

1. Evidence that a false alarm was caused by action of a communications service’s provider (i.e., telephone, cellular, cable company);

2. Evidence that a false alarm was caused by a power outage of more than four hours or severe weather such as a tornado, earthquake, or excessive winds (thirty-five mph or above as measured by the city of Marina or weather monitoring station);

3. Evidence that an alarm dispatch request was not a false alarm; or

4. The occurrence of multiple alarms within a twenty-four-hour period, which may be considered as one false alarm if the alarm user has taken corrective action, unless the false alarms are directly caused by the alarm user.