(A) Whenever the city finds that any person has violated or is violating any prohibition, limitation, or provision of this chapter, they may serve upon such 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. Such notice shall also state that any person in violation of this chapter shall be liable for any resulting damages or applicable fines.
(B) If the violation is not corrected by timely compliance, the city may order any person who causes or allows an authorized discharge to show cause before the Utilities Committee of Council (the “Committee”) 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 Committee regarding the violation, and directing the offending party to show cause before the Committee 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.
(C) The Committee 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 Committee notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Committee for action thereon.
(D) At any public hearing, testimony taken before the Committee 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 to the hearing upon payment of the usual charges therefor.
(E) After the Committee has reviewed 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 such further orders and directives are as necessary and appropriate.
(F) Any discharge in violation of the substantive provisions of this chapter or an order of the Committee shall be considered a public nuisance. If any person discharges sewage, industrial wastes, or other wastes into the city treatment system contrary to the substantive provisions of this chapter, or any order of the Committee, the Committee shall commence an action for appropriate legal and/or equitable relief in the Municipal Court.
(G) Any person who is found to have violated an order of the Committee, or who willfully or negligently failed to comply with any provision of this subchapter, and the orders, rules, and regulations issued hereunder, shall be fined not less than $10 nor more than $500 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporter’s fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this subchapter or the orders, rules, and regulations issued hereunder.
(H) Any person found guilty by the Committee of violating any provision of this chapter shall have the right to appeal that decision before the full City Council. They shall also have all rights of appeal available to them through the court system.
(1982 Code, § 50.48) (Ord. 2004-20, passed 7-12-2004; Ord. 2013-2, passed 2-11-2013)