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Admin Order 56-04-02-F
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Admin Order 56-04-02-F
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Last modified
6/10/2010 10:47:45 AM
Creation date
10/13/2004 2:23:46 PM
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
10/5/2004
Document_Number
56-04-02-F
CMO_Effective_Date
10/5/2004
Author
Dennis M. Taylor
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12 month period, the Fire Marshal shall forward the notice of false alarm to the fire alarm user and a <br />report thereof to the Finance Officer. The Finance Officer shall cause a notice containing the <br />inlbrmation required in R-3.110-C above to be mailed by registered or certified mail, postage prepaid, <br />to the fire alarm user at the address where the fire alarm system is maintained as reflected in the official <br />deed records of Lane County, Oregon. The costs to be imposed hereunder shall be established by the <br />City Manager pursuant to EC Section 2.020, and shall be based on the responding department's <br />personnel and equipment related expenses for the services involved. The notice shall advise the fire <br />alarm user that the total cost, including penalty, will be assessed and become a lien against the real <br />property 30 days from the date of the notice, unless prior thereto the Fire Marshal determines the false <br />alarm notice is invalid or the fire alarm user pays the total amount due. if the total cost is paid within <br />the 30 day period, the penalty of five percent will be waived by the City. The fire alarm user may <br />appeal the imposition of costs by filing a written notice of appeal within the time and in the manner set <br />forth in R-3.110-E-2, setting forth the facts and reasons why the costs should not be imposed. <br /> <br /> 2. If no determination is made by the Fire Marshal that the false alarm notice is invalid, <br />and the statement of costs is not paid within 30 days from the date of the notice, or within 30 days fi'om <br />the date of a determination on the appeal if an appeal is filed~ the Finance Officer shall enter the costs <br />of responding to the false alarm, including the penalty, in the docket of City liens. Upon such entry, <br />the amount shall constitute a lien upon the real property at which the false alarm occurred, shall be <br />enforced in the same manner as liens for street improvements, and shall bear interest at the rate <br />prescribed pursuant to Section 2.022 of the Eugene Code, 1971. Interest shall commence from the date <br />of entry of the lien in the lien docket. For qualifying fire alarm users, the payment of the lien may be <br />deferred, extended, or modified as provided in Sections 7.195 to 7.220 of the Eugene Code, 1971. An <br />error in the name of the fire alarm user shall not void the lien, nor will a failure to receive the notice <br />prescribed in Subsection 1 of this Section render the statement of costs void, and it shall remain a valid <br />lien against the real property. <br /> <br />R-3.110-E Review of Notices. <br /> <br /> 1. False Alarm Notice. A fire alarm user contesting the validity of a ~¢alse alarm notice <br />may file a written request ibr review with the Fire Marshal within 15 days from the date the notice is <br />issued. The fire alarm user shall bear the burden of proving the invalidity of the notice, and the request <br />~br review shall state with particularity the reason(s) the notice is invalid. The Fire Marshal's decision <br />shall be based on the report of the incident and the written infbrmation provided by the fire alarm user. <br />The Fire Marshal may require submission of additional information by the responding department <br />and/or the property owner. The Fire Marshal may find the nolice invalid upon a determination that the <br />false alarm was caused by: <br /> <br /> 1.1 Lightning, or other natural occurrences; beyond the control of the fire alarm user; <br /> or <br /> <br /> 1.2 A mechanical malfunction of the alarm system, and the fire alarm user provides <br />Administrative Order- 3 <br /> <br /> <br />
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