(A) Notification of violation. Whenever the Superintendent finds that any person has violated or is violating this code, or any prohibition, limitation or requirement contained herein, he or she 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 the satisfactory correction thereof. A meeting with the Superintendent may be scheduled at the request of the violating person or Superintendent to discuss the violation and/or satisfactory correction schedule.
(Prior Code, § 137.12.1)
(B) Show cause hearing.
(1) Upon a finding by the Superintendent that a person has caused or permitted an unauthorized discharge or that any such unauthorized discharge has not been corrected by timely compliance with a correction schedule, whether with or without a meeting with the Town Manager. The Town Manager may order any person who causes or allows such unauthorized discharge to show cause before the Board of Trustees 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 Board of Trustees regarding the violation, and directing the offending party to show cause before the Board of Trustees why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by certified mail at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Board of Trustees may conduct the hearing and take the evidence or may designate a representative to:
(a) Issue in the name of the Board of Trustees notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing to the Board of Trustees, including transcripts and other evidence, together with recommendations for action thereon.
(3) At any public hearings, testimony taken before the hearing authority or any person designated by it, shall be under oath and recorded electronically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(4) Upon review of the evidence by the Board of Trustees, the Board shall make written findings of fact. Thereupon, the Board may:
(a) Issue an order stating that no unauthorized discharge has occurred and directing that service shall not be terminated therefor; and
(b) Issue an order stating that an unauthorized discharge has occurred and directing that, following a specified time period, the wastewater treatment service of the offending party be discontinued unless:
1. Adequate treatment facilities, devices or other appurtenances shall have been installed;
2. Existing treatment facilities, devices or other appurtenances are properly operated or maintained; or
3. Issue such other or further orders and directives as are necessary and appropriate.
(5) Any party to the hearing aggrieved or adversely affected by an order of the Board of Trustees may appeal such order to the District Court in and for the county, pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(Prior Code, § 137.12.2)
(Ord. 171, passed 7-7-1958; Ord. 339, passed - -; Ord. 480, passed 3-6-2003; Ord. 577, passed 11-6-2014)