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The owner or operator of an FSE shall:
1. Provide, operate and maintain, at its expense, safe and accessible monitoring facilities (such as a suitable manhole), and shall make such monitoring facilities available for inspection, for routine cleanouts by the owner or operator's licensed grease hauler, and for sampling and flow measurement of the building sewer or internal drainage systems. There shall be ample room in or near such monitoring facilities to allow for proper inspection, accurate sampling and preparation of samples for analysis. The monitoring facilities shall be maintained such that the device(s) is readily and immediately accessible for inspections and cleanouts being free of coverings, building materials, pavements, or any other obstructions.
2. Allow personnel authorized by the WRA Director or by the City Building Official, bearing proper credentials and identification, to enter upon or into any building, facility or property housing a food service establishment at any reasonable time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, in accordance with this chapter.
3. Upon request by the WRA director's authorized representative, open any grease interceptor or grease trap for the purpose of confirming that maintenance frequency is appropriate, that all necessary parts of the installation are in place including, but not limited to, baffles and effluent tees, and that all grease interceptors, traps, and related equipment and piping is maintained in efficient operating condition.
4. Accommodate compliance inspections and sampling events by the authorized representatives of the WRA Director or of the City Building Official. Staff may conduct routine inspections and sampling events of any food service establishment. Non-routine inspection and sampling events shall occur more frequently when there is a history of non-compliance with this chapter and when blockages occur in the City's sanitary sewer system downstream of the food service establishment.
(Ord. 2119 - Sep. 22 Supp.)
The fees for inspection of an FSE shall be as provided in Section 100.17 and shall be paid within 30 days of the date of the invoice for such fees. A trip charge of $50.00, as referenced in Section 100.17 shall be assessed in conjunction with the violation of any requirement of Section 101.10 which results in the need for WRA personnel to reschedule such inspection of grease interceptor/trap or food service establishment, and shall be paid within 30 days of the date of the invoice for such charge.
(Ord. 2119 - Sep. 22 Supp.)
1. The Director or such other designated officers or officials with enforcement authority as provided in Section 101.12 are authorized to issue a notice of violation imposing an administrative penalty upon any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter. Such notice may include a corrective action order requiring the user to take one or more of the following corrective actions within thirty (30) days:
A. Conform to best management practices;
B. Submit copies of the grease interceptor or grease trap maintenance log;
(Ord. 1959 - Feb. 19 Supp.)
C. Develop, submit and implement a FOG compliance plan to be approved by the Director or designated enforcement official; or
D. Install a compliant grease interceptor.
2. The administrative penalty for such violations shall be as provided in the schedule of administrative penalties adopted by the City Council by resolution.
3. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued to and served upon the violator. Service of the notice may be by regular mail or by delivery in person.
4. Penalties assessed pursuant to notice of violation shall be paid by the violator in full as directed in the notice within thirty (30) days of its issuance.
5. The administrative penalties set out in the schedule of administrative penalties shall be charged in lieu of the fines and penalties provided for in Section 101.14, unless the violator refuses to correct the violation and pay the scheduled administrative penalty, or the WRA Director determines that immediate enforcement action by misdemeanor or municipal infraction prosecution is, in view of the particular circumstances of the case, necessary to achieve compliance with the requirements of this chapter. A record of all violations, administrative penalties charged or other enforcement actions taken shall be maintained by the WRA for a period of three years.
1. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter shall be guilty of a misdemeanor punishable by fine or imprisonment, or shall be guilty of a municipal infraction punishable by a civil penalty.
2. Any person who fails to comply with a pretreatment standard applicable to an FSE shall be guilty of a municipal infraction punishable by a civil penalty of not more than one thousand dollars for each day the violation exists or continues, as provided by Section 364.22 or 331.307 of the Iowa Code.
(Ord. 1662 - Jul. 10 Supp.)
3. When enforcement is sought through a municipal infraction proceeding, the Director or such other designated officers or officials with enforcement authority as provided in Section 101.12 may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order.
1. Where a violation of this chapter has not been timely corrected, and results in or threatens interference or pass through as defined in Chapter 100 of this Code of Ordinances, the WRA Director, or such other designated officers or officials with enforcement authority as provided in Section 101.12 shall have the authority to issue an order in writing to the owner or operator of the food service establishment, ordering such person or persons to cease and desist from further operation of the food service establishment and from further discharge of wastewater to the sanitary sewer system. The order shall be delivered by personal service unless the owner or operator cannot be found within the City, in which event notice shall be by ordinary mail addressed to the owner’s or operator’s last known address and by posting a copy of the notice in a conspicuous place upon the premises of the food service establishment.
2. Operation of the food service establishment shall cease on the date stated in the order and shall not recommence without the prior written approval of the WRA Director.
3. The applicant may make a written request to the Director for a reconsideration and hearing on the cease and desist order within ten (10) days from the issuance of the order, provided, however, that operation of the food service establishment shall cease, pending the outcome of the hearing.
4. The owner’s or operator’s request for hearing shall identify the appealing party, include the address of the person requesting the hearing and to which all further notices shall be mailed or served, and shall state the basis for the appeal.
5. The hearing shall be scheduled to be held as soon as practicable and no later than fourteen (14) days after the request for hearing was filed with the WRA Director. The person requesting the hearing shall be notified in writing or by telephone of the date and place of such hearing at least three (3) days in advance thereof. At such hearing the Director and the person requesting the hearing may be represented by counsel, examine witnesses, and present evidence as necessary.
6. The determination by the Director that the violation occurred shall be considered a final administrative decision, unless appealed to the WRA.
1. Any person aggrieved by a corrective action order or a cease and desist order issued by the WRA Director or by such other designated officers or officials with enforcement authority as provided in Section 101.12, may file an appeal and request a ruling that such order be modified or rescinded.
2. Such appeal request shall be in writing, shall include the grounds for appeal including any factual findings which are disputed, and shall be delivered to the WRA within ten (10) days after the WRA director's issuance of the order. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
(Ord. 1959 - Feb. 19 Supp.)
3. The chair of the Appeal Committee shall schedule the appeal and shall cause notice of the time, date, and place of the hearing to be mailed to the appealing party. Such appeal shall be decided by majority vote of the Appeal Committee. The Appeal Committee may affirm, modify or rescind the order of the Director and shall so state and order in its written decision.
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