(a) Whoever violates, fails to comply with, or is in significant noncompliance with, any of the provisions of this chapter, shall be served, by the City Manager or his or her authorized representative, with a written notice stating the nature of such violation or noncompliance and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(b) Any user subject to enforcement action under this chapter may request a hearing before the City Manager within ten days of receipt of notification of proposed enforcement action. A hearing shall be held by the City Manager concerning the violation, the reasons the action is to be taken and the proposed enforcement action, and the user shall be directed to show cause before the City Manager as to why the proposed enforcement action should not be taken.
(c) The City Manager may conduct a hearing and take evidence or may designate an officer or employee to:
(1) Issue, in the name of the City Manager, notices of hearings, requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take evidence; and
(3) Transmit a report of the evidence and hearings, including transcripts and other evidence, together with recommendations, to the City Manager for action thereon.
(d) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded pursuant to statute. The transcript, so recorded, will be made available to any member of the public or to any party to the hearing upon payment of the usual charges therefor.
(e) After the City Manager has reviewed the evidence, he or she 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 have been installed on existing treatment facilities, and unless such devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(f) The City Manager shall also establish appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the POTW works due to violations of this chapter.
(g) Any action by the City Manager may be appealed to Council.
(h) If any person discharges sewage, industrial waste or other waste into the City's wastewater disposal system contrary to any of the provision of this chapter, Federal or State pretreatment requirements or any order of the City, the City Attorney may commence an action for injunctive relief for noncompliance by nondomestic users with pretreatment standards and requirements. Such action shall be in addition to the penalty provided in Section 1043.99.
(Ord. 656. Passed 9-15-97.)