HomeMy WebLinkAboutAdmin Order 56-04-02-F ADMINISTRATIVE ORDER NO. 56-04-02-F
of the
City Manager of the City of Eugene
AMENDMENT OF ALARM SYSTEMS ADMINISTRATIVE RULE R-4.934;
RENUMBE~NG THAT RULE TO R-3.110; AND REPEAL OF
ADMINISTRATIVE ORDER NO. 56-96-01-F.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971 authorizes the City Manager to adopt rules
for administration and implementation of any provision of that Code.
B. Pursuant to that authority, Alarm Systems Administrative Rule 4.934 was adopted
by Administrative Order No. 56-96-01-F on October 7, 1996. Due to recent changes to the Eugene
Code, 1971, changes to the Alarm Systems Administrative Rule are necessm-y.
C. On August 17. 2004, the City Manager issued Admimstrative Order No. 56-04-02
proposing that Administrative Order No. 56-96-01-F be repealed, and that Rule R-4.934 be
renumbered to R-3.110 and amended in order to ensure the proper administration of the City's newly
adopted provisions regulating alarm systems.
D. Notice of the proposed amendment was published in the Register-Guard, a newspaper
of general circulation within the City, for five consecutive days, on: September 3, 4, 5, 6, 7, 2004,
and made available to any person who had requested such notice.
E. The Notice provided that written comments would be received for a period of 15 days
from the date of the first publication. No comments were received within the time or in the manner
provided in the Notice.
Based upon the above findings, which are hereby adopted, and pursuant to the authority
contained in Section 2.019, of the Eugene Code, 1971, Administrative Order No. 56-96-01-F is
repealed as of the effective date of this Order, and Alarm Systems Administrative Rule R-3.110 is
adopted to provide as follows:
ALARM SYSTEMS ADMINISTRATIVE RULE R-3.110
R-3.110-A Definitions.
Words and phrases used herein shall have the meanings ascribed to them in Section 3.005 of
the Eugene Code, 1971 (EC).
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R~3A10-B Purpose.
These rules prescribe the form and content of notices required or authorized to be issued
pursuant to EC Sections 3.105 to 3.115, and criteria for administrative determinations of the Fire
Marshal,
R-3A10-C False Alarm Notice Procedure.
After each false alarm at a premise a notice shall be sent to the fire alarm user at the address
where the fire alarm system is maintained as reflected in the official deed records of Lane County,
Oregon by regular mail, certified mail, or hand delivered, and shall state:
1. That a false alarm has occurred at the premise;
2. That it is a violation of EC Section 3.110 fbr a fire alarm user to have or permit
two or more false alarms at the same premise during a 12 month period;
3. The date(s) of occurrence of previous false alarms during the past 12 month
period;
4. That the fire alarm user has a right to contest the validity of a false alann notice
by filing a written request with the Fire Marshal within 15 day's from the date the notice is
mailed. The request shall set forth with particularity the reason(s) the determination is invalid.
The Fire Marshal's decision on the validity of the notice is final, and shall be based on the
criteria set forth in R-3.110-E-i, as set froth in the notice.
5. That ifa second or subsequent false alarm occurs within a 12 month period, a
notice setting forth the city's total cost of responding to the false alarm, including administrative
overhead and a penalty in the amount of five percent of the total amount due, will also be sent
to the fire alarm user, at the address where the fire alarm system is maintained as reflected in
the official deed records of Lane County, Oregon, and will be assessed and become a lien
against the property if not paid within 30 days from the date of the notice unless prior thereto
a determination is made by the Fire Marshal under section 2.4 above that the false alarm notice
is invalid. The notice shall advise the fire alarm user that the penalty will be waived by the City
if the total cost is paid within 30 days f?om the date of the notice, and of the time and manner
in Milch a written appeal of the imposition of costs may be filed.
R-3.110-D Imposition of Costs.
1. Upon the occurrence of the second or subsequent false alarm at the premises during a
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12 month period, the Fire Marshal shall forward the notice of false alarm to the fire alarm user and a
report thereof to the Finance Officer. The Finance Officer shall cause a notice containing the
inlbrmation required in R-3.110-C above to be mailed by registered or certified mail, postage prepaid,
to the fire alarm user at the address where the fire alarm system is maintained as reflected in the official
deed records of Lane County, Oregon. The costs to be imposed hereunder shall be established by the
City Manager pursuant to EC Section 2.020, and shall be based on the responding department's
personnel and equipment related expenses for the services involved. The notice shall advise the fire
alarm user that the total cost, including penalty, will be assessed and become a lien against the real
property 30 days from the date of the notice, unless prior thereto the Fire Marshal determines the false
alarm notice is invalid or the fire alarm user pays the total amount due. if the total cost is paid within
the 30 day period, the penalty of five percent will be waived by the City. The fire alarm user may
appeal the imposition of costs by filing a written notice of appeal within the time and in the manner set
forth in R-3.110-E-2, setting forth the facts and reasons why the costs should not be imposed.
2. If no determination is made by the Fire Marshal that the false alarm notice is invalid,
and the statement of costs is not paid within 30 days from the date of the notice, or within 30 days fi'om
the date of a determination on the appeal if an appeal is filed~ the Finance Officer shall enter the costs
of responding to the false alarm, including the penalty, in the docket of City liens. Upon such entry,
the amount shall constitute a lien upon the real property at which the false alarm occurred, shall be
enforced in the same manner as liens for street improvements, and shall bear interest at the rate
prescribed pursuant to Section 2.022 of the Eugene Code, 1971. Interest shall commence from the date
of entry of the lien in the lien docket. For qualifying fire alarm users, the payment of the lien may be
deferred, extended, or modified as provided in Sections 7.195 to 7.220 of the Eugene Code, 1971. An
error in the name of the fire alarm user shall not void the lien, nor will a failure to receive the notice
prescribed in Subsection 1 of this Section render the statement of costs void, and it shall remain a valid
lien against the real property.
R-3.110-E Review of Notices.
1. False Alarm Notice. A fire alarm user contesting the validity of a ~¢alse alarm notice
may file a written request ibr review with the Fire Marshal within 15 days from the date the notice is
issued. The fire alarm user shall bear the burden of proving the invalidity of the notice, and the request
~br review shall state with particularity the reason(s) the notice is invalid. The Fire Marshal's decision
shall be based on the report of the incident and the written infbrmation provided by the fire alarm user.
The Fire Marshal may require submission of additional information by the responding department
and/or the property owner. The Fire Marshal may find the nolice invalid upon a determination that the
false alarm was caused by:
1.1 Lightning, or other natural occurrences; beyond the control of the fire alarm user;
or
1.2 A mechanical malfunction of the alarm system, and the fire alarm user provides
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written proof that the system has been repaired or removed from the premises; or
1.3 Conditions or circumstances which, despite the fire alarm user's best efforts,
the fire alarm user could not prevent the false alarm fi~om occurring.
The Fire Marshal's decision on the validity of the notice shall be final, if the notice is ruled invalid,
it shall be so noted on all entries in the City's records. If the notice found invalid by the Fire Marshal
is for a second or subsequent false alarm, the statement of costs forwarded by the Finance Officer shall
be cancelled.
2. Notice of Imposition of Costs. A fire alarm user contesting the notice imposing costs
for responding to the false alarm may file a written notice of appeal with the City Manager within 15
days after the date of the notice, setting forth the facts and reasons why the determination is incorrect.
The appeal shall be heard and determined by a hearings officer in the manner set forth in Section 2.021
of the Eugene Code, 1971. The fire alarm user shall bear 'the burden of proof that the City acted
improperly, and the hearing officer's review shall be limited solely to whether the City followed the
required procedures in imposing the costs. The determination of the hearings officer shall be final.
Dated and effective this % day of October, 2004.
Dennis M. Taylor
City Manager
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