§ 53.52 ENFORCEMENT.
   (A)   No person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person preventing or prohibiting inspection is also in violation of this section.
   (B)   The Board of Works may immediately and without prior notice suspend the wastewater treatment service of a discharger if it appears to the city, based upon factors addressed in this chapter or any other city ordinance, that an actual or threatened discharge presents an imminent danger to the welfare of persons, to the environment, to the operation of the city's wastewater treatment plant, or contaminates the resultant sludge and jeopardizes the opportunity for its disposal through land application, or violates any discharge limits. Any discharger notified of the suspension of wastewater treatment service must immediately cease all discharges. If the discharger fails to comply voluntarily with a suspension order, the city may immediately physically suspend service by disconnection from the system, and/or commence judicial proceeding to compel the discharger's compliance with the order.
   (C)   Whenever the city finds that any discharger has engaged in conduct other than that set forth in division (A) above, which justifies revocation of a permit or suspension of service, the city will serve the discharger with oral notice first and then written notice thereafter, either personally or by certified or registered mail, stating the nature of the alleged violation. With ten days of the date of receipt of this notice, the discharger must respond in writing to the city, advising of its position with respect to the allegations. Thereafter, the parties must meet to determine the seriousness of the allegations and where necessary, establish a plan for the satisfactory correction of the violation. Upon establishment of a plan to correct the violation, the Board may reconsider reconnection to the sanitary system.
   (D)   Where a violation of the city's ordinance or applicable pretreatment regulations occurs, or if a discharger fails to comply with division (C) above and is not corrected by timely compliance, the city may order any discharger to show cause before them and state why the proposed permit revocation action should not be taken. A written notice must be served on the discharger by personal service, certified or registered, specifying the time and place of a hearing to be held by the city. The hearing will consider the violations, the proposed enforcement action, reasons why the enforcement action is to be taken, and directing the discharger to show cause before the city as to why the proposed enforcement action should not be taken. The notice of the hearing must be served no less than ten days before the hearing. Service may be made on any agent, officer, or representative of a discharger. The evidence presented at the hearing will be considered by the Board of Works and appropriate orders with respect to the alleged improper activities of the discharger will be issued.
   (E)   Any customer affected by any decision, action, or determination made by the Superintendent, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the city a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
   (F)   If any person discharges sewage, industrial wastes, or other wastes into a city's wastewater disposal system contrary to the municipal ordinance, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence a judicial action for appropriate legal and/or equitable relief.
(Ord. 1992- , passed - -1992; Am. Ord. 2005-22, passed 11-15-2005; Am. Ord. 2023-4, passed 5-2-2023)