Ordinance 18-006 False AlarmsCITY OF SPOT VALLEY
SPOKANE COUNTY, WASlIINCTON
ORDINANCE NO. 18-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMEN -1)1141G CHAPTER 7,20 OF '.I'.1 SPOKANE VALLEY 1VFCTNEC]IPAL
CODIt RELA'T'ING TO FALSE ALARMS, AND €)'1'HER MATT'ERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted chapter 7.20 Spokane Valley
Municipal Code in 2000, to be effective January ] , 2010; and
WHEREAS, the purpose and intent of adopting the original chapter 7.20 SVMC was to ensure that
responses to false alarms did not diminish the availability of police services to the general public; and
WHEREAS, through implementation and use of chapter 7.20 SVMC over the years, staff and the
Spokane Valley Police I eparlincnt have become awarc of several issues that should he clarified through
amendment; to the Code, particularly relating to the authority and process for mitigating false alarm
response cost recovery mitigation fees; and
WHEREAS, Article 1 1, section ] 1 of the Washington State Constitution allows local goveniments
to make and enforce within their jurisdictional limits, local laws and regulations not in conflict with the
general laws of the State; and
WHEREAS, the City Council, in enacting this Ordinance, seeks to promote the City's interest in
proiccting the public health, safety, and welfare of the residents of the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Chapter 7,20 of the Spokane Valley Municipal Code is hereby
amended as follows:
7.20.170 Mitigation and Appeals.
(A) Mitigation of FeesFalse alarm response cost recovery fees may he mitigated in certain
circumstances as follows:
(1) The mitigation process shall be initiated by the alarm user contacting the alarm administrator in
person, by mail, or by phone and identifying any mitigating circumstances pertaining to the incident
resulting in the false alarm. This request shall be received by the alarm administrator within 30
calendar days after mailing of the initial invoice to the alarm owner. Failure to eornp1y with Ibis
30 -day requirement shall render any mitigation request untimely and therefore void- A request to
mitigate the fees shall not toll the 30 -day appeal period pursuant to SVMC 7.20.170(8).
(2) The alarm administrator is authorized to mitigate the false alarm response cost recovery fee by
up to 2.5% if in the alarm administrator's discretion, the facts and circumstances warrant Mitigation.
If mitigation is approved, the alarm user waives any further right to appeal.
(13) Appeals of False Alarm Response Cost Recovery Fees. False alarm response cost recovery fees
may be appealed to the alarm administrator, as .follows:
Ordinance l 8-006 Amending Chapter 7-20 SVMC — False. Alarms Page 1 of 2
(1) The appeal process shall be initiated by the alarm user sending a letter to the alarm tidministrator
requesting that the false alarm response cost recovery fee be vvaived, and specifying the reasons for
the appeal_ This letter shall be received by the alarm administrator within 30 calendar days tiller
mailing of the initial invoice to the alarm owner. Failure to comply with this 30 -clay requirement
shall render any appeal untimely and therefore void.
(2) False alarm response cost recovery fees may be appealed only on the grounds that the incident.
cited as the basis for the false alarm Bost recovery fee was, in fact, not a false alarm response or
that the alarm was activated clue to an extreme weather event or a natural disaster. Human error or
mechanical/electronic failure of the security alarm system are not valid reasons for appeal. The
alarm user shall, in his letter requesting an appeal, describe detailed, credible evidence in his
possession that supports the assertion that the incident was a valid alarm pursuant to SVMC
7.20.130(C) or (1)) an alarm activation Clue to an extreme weather event or natural disaster.
(3) The atariri administrator may reject requests for appeals that are not supported by detailed,
credible evidence of criminal activity or extreme weather events or natural disasters_ Notice of
rejection of a request for this initial appeal shall be sent to the appellant in writing within 10
calendar clays following receipt of the appeal request by the alarm administrator.
(4) The alarm administrator may afliu-m or waive the false alarm response cost recovery fees or
actions that are the subject of thc appeal.
(C) if the alarm administrator affirms or modifies the amount of a false alarm response recovery fee
due, that amount becomes immediately due and payable. A record of the determination on each appeal
and mitigation request shall be forwarded to the police chief and the city manager on a monthly basis.
(D) The decision of the alarm administrator shall he final and not subject to further appeal.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not alf'ect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance,
Section 3. Effective Date. This Ordinance shall be in full force and erect five clays alter date;
of publication nfthis Ordinance or a summitry thereof in the official newspaper of the City,
AT
PASSED by the City Council of the City of Spokane Valley th' 31' day of Mtych, 2018.
Christine 13aint]ri
Ap >' ' ved
ge, City Clerk
Office o the
Date of Publication: 3-23-2018
Effective Date: 3-28-2018
Ordinance 18-006 Amending Chapter 7.20 SVMC —Fain Alarms Page 2 of 2