(a) Prior to the termination of both water and sanitary sewer service to any premises for failing to comply with a written notice of violation issued pursuant to § 21A-50, the village shall conduct an enforcement action in substantial conformity with the procedures in this section. The failure of the village to follow the procedures in this section, however, shall not constitute a waiver of its rights to proceed under administrative regulations or provisions of the village or other provisions of this chapter, this code, or any applicable state statutes, or of its rights to institute judicial proceedings to seek any appropriate relief to enforce the provisions of this chapter.
(b) If, on or after the date that all violations were to have ceased pursuant to the notice issued under § 21A-50, the director of public works determines that the property owner has not demonstrated to the village that all violations of this chapter have been corrected, the director shall issue an order to show cause for such noncompliance. A notice of a show cause hearing shall accompany the order setting a date for the show cause hearing. Such notice shall specify the time and place where the show cause hearing will be held and shall be served personally or by registered or certified mail at least seven days prior to the show cause hearing. The director of public works shall designate a hearing officer to conduct the show cause hearing and take the evidence provided for in this section, and transmit a report of the evidence of the hearing, together with a written determination regarding compliance, to the director of public works for action thereon.
(c) The show cause hearing shall be informal and designed to obtain all information and evidence relevant to any sewer violations and the correction of such violations. After hearing all relevant information and evidence presented at the show cause hearing, the hearing officer shall make written findings of act and a written determination and shall send a copy of the finding and determination to the property owner via certified mail, return receipt. The written determination shall state either that the premises are in compliance or that the property owner must correct the noncompliance and submit to a reinspection to confirm compliance within a specified period not exceeding 60 days after the date the written determination is sent to the property owner.
(d) If a property owner fails to attend a show cause hearing or fails to correct any noncompliance within the time provided in the hearing officer's written determination, then the director of public works may terminate both the water and sanitary sewer service to the owner's property or take any other appropriate action to enforce the provisions of this chapter.
(e) The initiation of a pre-termination enforcement action under this section shall not preclude the village from asserting any other right or remedy it may have under law to enforce the provisions of this chapter.
(f) If any provisions of this section are declared unconstitutional or invalid by the final decision of any court of competent jurisdiction, the remaining provisions of this section shall continue in effect.
(Ord. No. 91-7-1848)