(a) The Director shall order any user who causes or allows an unauthorized discharge to show cause before an Administrative Hearing Board, hereinafter called the "Board", composed of the Mayor, the Director of Law and the Commissioner of Health, 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 Board 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 Board why the proposed enforcement 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 Board shall conduct the hearing and:
(1) Issue, in the name of the Board, 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 findings of fact and conclusions of law to the Director and the user.
(c) At any hearing held pursuant to this chapter, testimony taken shall be under oath and recorded stenographically. The transcript, so recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) Should the Board find that the Director's proposed enforcement action is lawful, the Director shall 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 installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 87-8399. Passed 2-18-87.)