(a) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user, specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of 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.
(b) The city council 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 city council 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 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.
(c) At any hearing held pursuant to this section, 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.
(d) After the city council has reviewed the evidence, it 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 shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. Any person aggrieved by a final order of the city council may appeal to the county circuit court within 20 days of entry of the order.
(e) If the user does not substantially prevail on the substance of the matter in dispute before the city council, the user shall be assessed an appeal fee of $100.00 plus city attorney's fees, expert witness fees, and stenographic fees for transcribing the city council proceedings.
(Ord. No. 144, 5-16-2005)