(A) In order that the provisions of this chapter may be reasonable applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of these sections, the City Council shall serve as a Wastewater Board of Appeals. The duty of the Board shall be to consider appeals and to determine, in particular cases, whether any deviation from strict enforcement will violate the intent of the order or jeopardize the public health or safety.
(B) Except for emergency situations, an informal hearing before the city may be requested in writing by any user or contracted deeming itself aggrieved by any citation, order, charge, fee, surcharge, penalty or action within ten days after the date thereof, stating the reasons therefor with supporting documents and data. The informal hearing shall be scheduled at the earliest practicable date, but not later than five days after receipt of the request, unless extended by mutual written agreement. The hearing shall be conducted on an informal basis at such place as designated by the city.
(C) Appeals from orders of the city may be made to a Board of Appeals, within 30 days from the date of any citation, order, charge, fee, surcharge, penalty or other action. The appeal may be taken by any person aggrieved. The appellant shall file a notice of appeal with the city and with the Board, specifying the grounds therefor. Prior to a hearing, the city shall transmit to the Board a summary report of all previous action taken. The Board may, at its discretion, call upon the city to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying, or affirming, in whole or in part, the appealed decision or determination. In order to find for the appellant, a majority of the Board must concur. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties, and decide the same within a reasonable time. Within the limits of its jurisdiction, the Board of Appeals may reverse or affirm, in whole or in part, or may make any order, requirements, decision or determination as, in its opinion, ought to be made in the case under consideration, and to that end have all the powers of the official from whom the appeal is taken. The decision of the Board shall be final. The Board of Appeals shall meet at such times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public in accordance with applicable laws. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing findings of fact, the action of the Board, and the vote of each member upon each question considered. The presence of three members shall be necessary to constitute a quorum. The Board of Appeals may prescribe the sending of notice to any persons it deems to be interested in any hearing by the Board.
(D) All charges for service, penalties, fees or surcharges outstanding during any appeal process shall be due and payable to the city. Upon resolution of any appeal, the city shall adjust the amounts accordingly; however, the adjustments shall be limited to the previous one year's billing, unless otherwise directed by court order.
(E) If an informal or formal hearing is not demanded within the periods specified herein, the administrative action shall be deemed final. In the event either or both hearings are demanded, the action shall be suspended until a final determination has been made, except for immediate cease and desist orders issued pursuant to § 51.082.
(F) Appeals from the determinations of the Board of Appeals may be made to the circuit court within 20 days as provided by law. The appeals shall be governed procedurally by the Administrative Procedures Act of the State of Michigan, Public Act 306 of 1979, being M.C.L.A. §§ 24.201 et seq. All findings of fact, if supported by the evidence, made by the Board, shall be conclusive upon the court.
(Ord. 257, passed 6-3-91; Am. Ord. 333, passed 5-16-16) Penalty, see § 51.999