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written proof that the system has been repaired or removed from the premises; or <br /> <br /> 1.3 Conditions or circumstances which, despite the fire alarm user's best efforts, <br /> the fire alarm user could not prevent the false alarm fi~om occurring. <br /> <br />The Fire Marshal's decision on the validity of the notice shall be final, if the notice is ruled invalid, <br />it shall be so noted on all entries in the City's records. If the notice found invalid by the Fire Marshal <br />is for a second or subsequent false alarm, the statement of costs forwarded by the Finance Officer shall <br />be cancelled. <br /> <br /> 2. Notice of Imposition of Costs. A fire alarm user contesting the notice imposing costs <br />for responding to the false alarm may file a written notice of appeal with the City Manager within 15 <br />days after the date of the notice, setting forth the facts and reasons why the determination is incorrect. <br />The appeal shall be heard and determined by a hearings officer in the manner set forth in Section 2.021 <br />of the Eugene Code, 1971. The fire alarm user shall bear 'the burden of proof that the City acted <br />improperly, and the hearing officer's review shall be limited solely to whether the City followed the <br />required procedures in imposing the costs. The determination of the hearings officer shall be final. <br /> <br /> Dated and effective this % day of October, 2004. <br /> <br /> Dennis M. Taylor <br /> City Manager <br /> <br />Administrative Order - 4 <br /> <br /> <br />