(A) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Commission 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 Commission 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 Commission why the proposed enforcement action should not be taken. The notice of the 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 Commission may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(1) Issue in the name of the City Commission notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
(2) Take the evidence; or
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Commission for action thereon.
(C) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded. 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) After the City Commission 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 are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 02-03, passed 7-15-2002)