(A) Whenever the village finds that any person has violated or is violating any prohibition, limitation or provision of this subchapter, they may serve upon the person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days for a satisfactory correction thereof. The notice shall also state that any person in violation of this subchapter shall be liable for any resulting damages or applicable fines.
(B) If the violation is not corrected by timely compliance, the village may order any person who causes or allows an authorized discharge to show cause before the Board of Public Affairs (BPA) why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the BPA regarding the violation, and directing the offending party to show cause before the BPA why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 14 days before the hearing. Service may be made on any agent or officer of a corporation.
(C) The BPA may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the village to:
(1) Issue in the name of BPA notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the BPA for action thereon.
(D) At any public hearing, testimony taken before the BPA or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part of the hearing upon payment of the usual charges therefore.
(E) After the BPA has review the evidence, it may issue an order to the party 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 and further orders and directives are as necessary and appropriate.
(F) Any discharge in violation of the substantive provisions of this subchapter or an order of the BPA shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the village treatment system contrary to the substantive provisions of this ordinance, or any order of the BPA, the BPA shall commence an action for appropriate legal and/or equitable relief in the county courts.
(G) Any person found guilty by the BPA of violating any provision of this subchapter shall have the right to appeal that decision before the full Village Council. They shall also have all rights of appeals available to them through the court system.
(Ord. 8-04, passed 9-13-2004)