§ 11-57. Appeals.

(a)

Appeals process. Assessments of civil penalty(ies) and other enforcement decisions made under this article may be appealed by filing a written notice of appeal with the alarm administrator within ten (10) calendar days after the date of notification of the assessment of civil penalty(ies) or other enforcement decision. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalty(ies) or other enforcement decision. An administrative hearing shall be scheduled and heard by the alarm administrator within fifteen (15) calendar days after receipt of the written notice of appeal. The alarm administrator shall render his decision in writing not later than seven (7) business days after the hearing. The alarm administrator's decision shall be subject to review by the city manager, or his designee, by filing written notice on a form provided by the city with the alarm administrator within five (5) business days of the date of receipt of the alarm administrator's written decision. Upon receipt of such written notice, the alarm administrator shall provide such notice and any and all evidence in his possession to the city managers office and the city manager or his designee shall review the decision of the alarm administrator in no more than fifteen (15) business days, hear the written or oral statements of the appellant, and then render a decision in writing not later than seven (7) days from the date of the hearing. Appeal of the decision of the city manager or his designee, may be taken in the general courts of justice in Cabarrus or Rowan County, North Carolina, whichever is applicable.

(b)

Appeal standard. The alarm administrator shall review an appeal from the assessment of civil penalty(ies) or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalty(ies) or other enforcement decision, the alarm administrator shall have the discretion to dismiss or reduce civil penalty(ies) or reverse any other enforcement decision where he deeds such action is warranted by specific facts and circumstances. The alarm administrator shall specify in his written decision the facts and/or circumstances upon which his decision is based. The city manager or his designee shall review an appeal of the alarm administrator's decision using a preponderance of the evidence standard and shall consider all evidence submitted by the alarm administrator and/or the appealing alarm user.

(Ord. No. 2008-20, 4-28-08)