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CITY OF NORTH OLMSTED ORDINANCE N0.2010 - 20 BY: Mayor Kennedy AN ORDINANCE AMENDING SECTION 1701.27 OF THE FIRE PREVENTION CODE IN ORDER TO CREATE AN ADDITIONAL EXEMPTION TO MONETARY CHARGES ASSESSED FOR FALSE FIRE ALARMS AND TO AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY TO GRANT OR DENY AN EXEMPTION UPON REQUEST. WHEREAS, Ordinance 2003-11, among other things, created a False Alarms provision in the form of a new Chapter 1701.27, which established a false alarm charge and procedure for enforcement thereof; and WHEREAS, current Chapter 1701.27 creates exemptions for the assessment of false alarm charges when (1) no actual fire department or squad run has, in fact, been dispatched in response; (2) when the cause has been proven to be an act of God; or (3) when the cause has been proven due to the malfunction by testing or repairing of telephonic lines maintained and operated by public utilities under the regulation of the Pubiiti Utilities Commission of Ohio; and WHEREAS, the administration believes that an additional exemption may lie when despite the exercise of due diligence in maintenance, a false alarm occurs due to mechanical malfunction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That Section 1701.27 of the Fire Prevention Code entitled "FALSE ALARMS" which presently reads as follows: 1701.27 FALSE ALARMS. (a) A charge established in accordance with the provisions of paragraphs (b) and (c) below shall be assessed against property owners for false alarms received by the Fire Department through any automated fire alarm system, as defined in Section 1701.18 (e), or for each false alarm received through any other alarm service which the City has otherwise received, with the exception that there shall be no charges assessed against Single or Two Family Residences as described in Section 1701.1.8(a). (h) No charge shall be made for a first false alarm, as monitored on an annual basis; nor shall there be any charge for a false alarm for which no actual fire department or squad run has, in fact, been dispatched in response thereto; nor when the cause has been proven to be an act of God; nor when the cause has been proven to be due to the malfunction, by testing or repairing, of telephonic lines maintained and operated by public utilities under regulation of the Public Utilities Commission of Ohio.