Ordinance 1207
ORDINANCE N0. 1207
AN ORDINANCE OF THE CITY OF CllPERTINO REENACTING C}UIPTER 10.16
OF 'THE CUPERTINO NUNICIPAL CODE REGULATING POLICE ALARM 5Y5-
TEMS AND DEVICES, REPEALING SECTION 10.26.180 AND AMENDING.
SECTIONS 10.25.140, COLLECTION OF CHARGES, SECTION 10.26.080
AND SECTION 10.26.090 RELATING TO NOTICE TO OWNERS AND FALSE
ALARM SERVICE CHARGE AND DECLARING THE URGnNCY T}IEREOF
The City Council of the City of Cupertino does ordain as follows:
Section 1. Reenactment
Chapter 10.26 of the Cupertino Municipal Code is hereby reenacted
in its entirety.
Section 1. Repeal
Section 10.26.180 is hereby repealed.
Section 3. Amendment
The following sections shall be aaended to read as follows:
Section 10.26.080 Notice to owner of operator. Upon receipt of
the report described in Section 10.26.070 above, the Code Enforcement
Officer or other authorized person may cause a ar±tten notice to be
served by mail or personally upon the responsible occupant of the premises
on which the alarm was located. Said notice shall indicate that a
false alarm t:as made from said premises, and that steps should be taken
by the oernera to prevent future Ealse alarms. Said notice also shall
state that in the event of a second false alarm occurring on the premises
in the name calendar year as the first, a service charge shall be assessed
against the owner fo: every such subsequent false alarm occurring within
that calendar year.
In the event that [he owner of the alarm system is not also the responsible
occupant of the premises wherein such alarm system is installed, then the
responsible occupant shall, upon receipt of notice immediately:
A. Inform the owner of the alarm system and cause the notice to
be delivered to the ownet•; and
B. Notify the Code Enforcement Office: of the identity of the. owner
of the alarm and that the notice has been delivered to the owner.
In the event of failure of the responsible occupant, when not the
owner, to comply with the above notification procedure, then the responsible
occupant shall bear the responsibility of the owner of the alarm as
provided in this chapter.
Section 10.26.090 False alarm service charge. There is imposed
a sereice charge upon every owner who reports, causes to be or permits
to be reported, a false alarm as defined in this chapter. Said service
charge shall be $63 for the second false alarm in each calendar year,
$80 for the third false alarm in each calendar year and $97 for the fourth
and subsequent false alarms in each calendar year reported on the same
pcemises. ,Said charges shall bear interest at the legal rate from the
date thirty days following the giving of notice provided in Section
10.Y6.080.
Section 10.26.140 Collection of Charges. In the event of the
failure of any person to pay the charges assessed pursuant to the provisions
of this ordinance, the Gity may institute an action in any court of
competent jurisdiction to collect said charges together with interest.
and all administrative costa of collection.
Section 4. Urgency
This ordinance is declared an urgency measure and shall be in full
force and effect upon its enactment. The facts constituting such urgency
are ae follows:
Existing Chapter 10.26 is repealed by its own terms on December
31, 1982. Unless the present proposed ordinance takes effect
on January 1. 1982 or earlier, there will be a period of time
for which no ordinance regulating police alarm systems will be
in effect. The City Council believes that the public health,
peace, comfort and general welfare ie immediately and seriously
threatened unless this ordinance takes effect immediately.
INTRODUCED AND ENACTED at a regular meeting of the City Council of
the City of Cupertinu this 75rh day of N(1VPm},Pf .1982 by the
following vote:
Vote Hembera of the City Council
AYES: Johnson, Plungy, Rogers, Gatto
NOES: Sparks
ABSENT: None
ABSTAIN: None
ATTEST:
C~ .~
Ci y Clerk
APPROVED:
n
Ma or, City of Cup tino
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