(a) The City may order a discharger who causes or allows an unauthorized discharge to enter the POTW to show cause before Council why the proposed enforcement action should not be taken. A notice shall be served on the discharger specifying the time and place of a hearing to be held by Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the discharger to show cause before Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(b) Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:
(1) Issue in the name of Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to Council for action thereon.
(c) At any hearing held pursuant to this chapter, testimony taken shall be under oath and recorded stenographically, when requested by a party to that hearing, including the Director, the discharger, a member of Council, or the City.
(d) After Council has reviewed the evidence, it may issue an order to the discharger responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 4-2012. Passed 2-6-12.)