(A) Any person found to be violating any provision of this subchapter shall be served by the town with written notice from the Public Services Director, which shall be either delivered in person or by certified mail, stating the nature of the violation and ordering such person in his individual or corporate capacity to appear before the Town Manager, who is designated "hearing officer" for purposes of this subchapter, at a time and place certain to show cause, if any, they have why the enforcement provision of this subchapter, including but not limited to the assessment of civil penalties by such hearing officer and the termination of such sewer service by disconnection from the system, should not be ordered by the hearing officer.
(B) The hearing conducted under the provisions of this subchapter shall be with sworn testimony from the Public Services Department for the town and such evidence as the offender may offer in person or through counsel.
(C) The hearing officer shall render a decision within ten days from the hearing date and shall cause the decision to be personally served upon the offender or delivered by certified mail/return receipt requested. The hearing officer shall further send a copy of such decision resulting in a "disconnect order" to the Dare County Health Department for further enforcement of the applicable health regulations as they may apply to such offending party.
(D) Any appeal from the hearing shall be in the nature of certiorari to the Superior Court of Dare County and shall be accompanied by a bond of sufficient amount with surety to compensate the town for damages to the sewer system resulting from such violation, based on the evidence adduced at the hearing, and no stay of enforcement shall be permitted without such bond, to be approved by the hearing officer and the Clerk of Superior Court of Dare County.
(E) A ten-day period for the satisfactory correction of the violation is provided. Any offender shall, within the ten-day period, permanently cease all violations.
(Ord. passed - -)