(A) If the Manager of the Commission or his or her designee has evidence that any person has violated or is violating this chapter, or any permit or order issued hereunder, the Manager shall serve that person with a written Notice of Violation. The Notice of Violation shall contain the following information, if applicable:
(1) The date of issuance;
(2) The name and address of the person or user to whom the Notice of Violation is issued;
(3) The date the offense was committed;
(4) The facts constituting the offense;
(5) The section of the chapter, permit or order violated;
(6) The administrative fine, penalties, remedial action or other sanctions that will be imposed for the violation if the person does not contest the Notice of Violation, if any;
(7) The procedure for the person to follow in order to pay the administrative fine or to contest the Notice of Violation; and
(8) A statement that if the person fails to pay the administrative fine set forth in the Notice of Violation or contest the Notice of Violation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Commission to contest the Notice of Violation and that the determination that a violation was committed shall be final.
(B) When the Manager finds that a user has violated or contributed to a violation of this chapter or a permit or order issued hereunder, the Manager may also issue a Notice of Violation directing that, following a specified time period, sewer service will be disconnected unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Notices of Violation may also contain such other requirements as might be reasonably necessary to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring reports, and management practices, which will hereafter be referred to as remedial action.
(C) When a Notice of Violation is issued, the person or user to whom the Notice of Violation is issued shall respond to the Notice of Violation within twenty (20) days of the date the Notice of Violation is issued by either paying the administrative fine and agreeing to the remedial action set forth in the Notice of Violation or requesting, in writing, a hearing before the Commission to contest the Notice of Violation. If the person fails to respond to the Notice of Violation within ten (10) days, the person shall be deemed to have waived the right to a hearing to contest the Notice of Violation and the determination that a violation was committed shall be considered final. If the person or user to whom the Notice of Violation is issued does not request a hearing as provided by this section, the Notice of Violation shall be deemed a final order of the Commission and shall be deemed to have complied with the requirements of subsection (G) of this section.
(D) (1) When a hearing before the Commission has been requested, the Commission shall schedule a hearing. Not less than ten (10) days before the date set for the hearing, the Commission shall notify the person who requested the hearing of the date, time and place of the hearing. The notice of hearing shall include:
a. A statement of the date, time and place of the hearing;
b. A description of the violation;
c. Citation to the ordinance, permit, or order alleged to have been violated; and
d. A statement that the parties to the hearing, including the Commission, may be represented by counsel at the hearing and shall have the right to examine and cross-examine witnesses at the hearing.
(2) The notice may be given by certified mail, return receipt requested, or by personal delivery. Any person requesting a hearing before the Commission who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the Notice of Violation and the determination that a violation was committed shall be final. In this event, the Commission shall enter a final order determining that the violation was committed and imposing the administrative fine set forth in the Notice of Violation.
(E) When a hearing is held, the Commission shall determine, based on the evidence presented, whether a violation was committed. The Commission shall take testimony from the Manager or an authorized representative, the alleged offender, and any witnesses to the alleged violation offered by the Manager, or an authorized representative, or the alleged offender. All testimony shall be under oath and shall be recorded.
(F) If the Commission determines that no violation was committed, an order dismissing the Notice of Violation shall be entered. If the Commission determines that a violation has been committed, the Commission shall issue a final order upholding the Notice of Violation and may order the offender to pay an administrative fine in an amount up to the maximum authorized by the ordinance, and may order the offender to remedy a continuing violation within a specified time to avoid the imposition of an additional fine, or both.
(G) Every final order of the Commission shall be reduced in writing, which shall include the date the order was issued, and a copy of the order shall be furnished to the person named in the Notice of Violation. If the person named in the Notice of Violation is not present at the time the final order of the Commission is issued, the order shall be delivered to that person by certified mail, return receipt requested, or by personal delivery. The Commission’s final order shall be deemed a final agency action.
(Ord. - -, passed 6-7-84; Am. Ord. 2001-12-06, passed 12-6-01; Am. Ord. 2011-11-03, passed 11-3-11)