A. The City may, by order of the City Manager, suspend sewer service on an emergency basis when the City Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the City's sewer facilities, or may cause the City to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.
B. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) business days following the issuance of such order, the City Manager shall hold a hearing to provide the Food Service Establishment or Permittee the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the City Manager and approved by the City Attorney. The City Manager shall issue a written decision and order within two (2) business days following the hearing, which decision shall be sent by certified mail to the Food Service Establishment at that Food Service Establishment's business address and/or to its legal counsel/representative at the address provided by such representative to the City. The decision of the City Manager following the hearing shall be final and not appealable to the City Council, but may be subject to judicial review pursuant to Section 12.20.450.
(Ord. 3051 § 1 (part), 2004).