(A) Notice of hearing. The Superintendent may request a show cause hearing. The city may order the hearing or may designate any of its members or officers or employees of the Lockport Sanitary Sewer Department to order the hearing. A notice shall be served on the user specifying the time and place of a hearing to be held by the city or its designated person regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city or its designated person why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or be mailed by registered or certified mail (return receipt requested) at least ten days before the hearing. The notice of the hearing may be served on any agent or officer of a corporation. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(B) Hearing officials. The city shall designate a hearing officer to conduct the hearing and take the evidence to:
(1) Issue in the name of the city notices of hearings requested the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this chapter testimony taken must be under oath and recorded stenographically. 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 thereof.
(D) Issuance of orders. After the city or its designated person has reviewed the evidence, it may issue an order to the user responsible for the discharge directing either: a) that the discharge permit be revoked and the service be disconnected or b) that following a specified time the permit shall be revoked and sewer service discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and operated properly to comply with the discharge permit or c) direct the user to cease the unauthorized discharge effective after a specified period of time or d) that such other relief as deemed necessary by the city to abate the discharge be granted. Further orders and directives as are necessary may be issued.
(Ord. 16-005, passed 5-18-16)