(A) Notice. Upon discovery of a suspected violation and/or non-compliance, the alleged violator shall be issued, either personally or by telephone, a notice of the violation. A written citation shall follow by mail within 48 hours that sets forth the alleged violation, and which shall inform the alleged violator of his or her right to be heard on the accusation of violation and/or non-compliance. Each license/permit holder shall designate a person to receive service of the citation.
(B) Scheduled maintenance. Industries shall inform the Wastewater Superintendent at least 48 hours in advance of any scheduled maintenance that may result in any technical violation of this chapter. The industries shall work cooperatively with the Wastewater Superintendent so as to alleviate any problems, or violations, associated with the maintenance. Notice, and cooperation, in the scheduled maintenance by the industries shall be taken as proof that no violation was intended, and they shall not be cited as violating this chapter.
(C) Superintendent and City Manager. The Wastewater Superintendent, the City Manager, and a representative of the alleged violator, shall meet within 48 hours of issuance of the written citation and discuss appropriate actions, including whether or not the written citation shall be issued, settled, dismissed, or should proceed to a full hearing in front of the Council.
(D) Hearings. If the person, or permit holder, accused of violating this chapter so requests, within ten days of service of the citation, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. The hearing shall be held before the Council.
(E) Decision. If the Council determines that a violation of this chapter did occur, that decision, along with the reasons for the decisions, shall be recorded, in writing, a copy of which to be provided to the accused violator. Likewise, if the Council determines that no violation occurred, or finds grounds for not imposing the penalty, the findings shall be recorded, and a copy provided to the acquitted accused violator.
(F) Appeals. Appeals of any decision made by the Council regarding violations of this chapter shall be filed with the County District Court.
(G) Continued violations. Each violation, and every day/24-hour period in which a violation occurs, or continues, shall constitute a separate offense. Any violator who is found to have violated this chapter seven times, or more, within a 12-month period may be referred to the City Attorney’s office for possible criminal prosecution.
(Prior Code, § 3.40) (Ord. 177, second series, passed 1-7-2003) Penalty, see § 52.99