920.19 SHOW CAUSE HEARING.
Where any violation of this chapter is not corrected by timely compliance, the approving authority may order any discharger to show cause why the proposed enforcement action should not be taken. A written notice shall be served on the discharger by personal service, or certified mail, return receipt requested, specifying the time and place of a hearing to be held by the City or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the City or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger.
(a) The Mayor shall be the officer before whom the hearing shall be conducted. He shall determine the order in which the hearing shall proceed.
(b) At the hearing, the discharger or its representative or attorney shall be permitted to present its position, arguments and contentions. Evidence may be admitted and witnesses may be examined and cross-examined to either support the discharger's position or to refute evidence and testing offered by the approving authority. Further, the right to proffer evidence into the record shall be recognized. All witnesses shall be placed under oath and the Mayor shall permit subpoenas to be issued upon written request. If neither the discharger nor its authorized representative appear at the hearing, the Mayor shall proceed with the hearing.
(c) Within thirty days from the date of the hearing, the Mayor shall render his decision in writing, supported by conclusions of fact supporting his decision to all parties. The Mayor may order any appropriate relief including dismissal of the approving authority's citation or orders in the form of a compliance order or cease and desist order. The decision of the Mayor shall be a final administrative order and any discharger adversely affected by such decision may appeal to the common pleas court according to law.
(Ord. 91-117. Passed 6-18-91.)