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.