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(c) Sixth to tenth Sixth and over avoidable alarm responses: three one hundred dollars ($300.00) for each additional alarm. d) More than ten avoidable alarm responses within one year of the date of the first avoidable alarm: Five Hundred dollars ($500.00) for each avoidable alarm beyond ten (10) (3) In the event that two or more departments or entities respond to an avoidable alarm, such fees shall be paid to the Town for each responding company. (4) Nothing herein shall prevent a reduction or waiver of such payments pursuant to the administrative review below in the event of inadvertent alarms by those individuals classified as disabled or elderly. C. Notice of excessive use. The owner or lessee of real property, which received an emergency response by reason of an avoidable alarm, shall be notified in writing by means of first class mail and/or electronic mail provided that same has been provided to the Town of all avoidable alarms up to three (3) police alarms and/or one (1) fire alarm in a calendar year. The letter shall inform the owner or lessee of the times and types of emergency responses provided to the address location and shall contain with it a copy of the Alarm Code. D. Administrative review. The Chief of Police and the Fire Inspector shall establish a policy and procedures whereby an owner of real property or lessee thereof on which an alarm system has been installed and who has been notified of an avoidable alarm may present evidence as to why any such alarm should not be classified as an avoidable alarm. The Chief of Police and the Fire Inspector shall designate members of their departments, not to exceed five (5) in total, to receive such evidence and make recommendations and finding of fact concerning such classification. The Chief of Police and Fire Inspector shall make the final determination concerning a classification, which determination shall be reviewed only pursuant to procedures under Article 78 of the Civil Practice Law and Rules. To challenge the classification of an alarm as an avoidable alarm, the real property owner or lessee thereof shall, in writing, notify the Chief of Police and/or the Fire Inspector within twenty (20) days after receipt of notice of the avoidable alarm. The failure to give timely notice by the owner shall be deemed a waiver of the right to review the determination. E. Payment of charges. Avoidable alarm charges shall be paid to the Town Clerk of the Town of West Seneca at 1250 Union Road, West Seneca, New York 14224. F. Failure to remit fee. Upon the failure of a real property owner or lessee of property on which an alarm system is installed to pay the avoidable alarm charge within thirty (30) calendar days from notice of the amount due, he shall be served with a summons and complaint and shall be deemed in violation of this code. § 46-7. Enforcement. The Chief of Police shall enforce this chapter for alarm systems which detect medical emergencies and entry or exit from a building, structure or facility. The Fire Inspector shall enforce this chapter for alarm systems which detect smoke, fire or abnormal rise in temperature. The Town Attorney or his designee shall be responsible for pursuing any claim for the failure to remit any fees to the Town. § 46-8. Penalties for offenses. Page 22 of 253