(A) Notice of hearing. If the violation is not corrected by timely compliance, the City Engineer may order any user which causes or allows an unauthorized discharge to show cause before the Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the 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) Hearing officials. The 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 the Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(D) Issuance of orders. After the Council has reviewed the evidence, it may issue an order to the user 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.
(2002 Code, § 3.91) (Ord. 120, Third Series, effective 7-1-1986; Ord. 157, Third Series, effective 12-1-1987; Ord. 107, Sixth Series, effective 5-22-2009; Ord. 25, Seventh Series, effective 6-5-2015)