Any person affected by any decision, action or determination by the General Manager, interpreting or implementing the provisions of this chapter, including, without limitations, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the General Manager, excepting therefrom any decision, action or determination of the General Manager to pursue either criminal penalties or civil judicial enforcement, may file with the City Clerk, within ten days of the date of service of the decision, action or determination, a notice of appeal to the Board of Public Utilities appealing the decision, action or determination by the General Manager. The notice of appeal shall set forth in detail all facts supporting the industrial user’s appeal of the decision of the General Manager. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the Board of Public Utilities on the appeal; provided, however, that nothing stated herein shall limit the authority of the General Manager to take the action or to make the directives as the General Manager deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened damage to the system, pass through, or threatened harm to the health or safety of the public. The action shall include, without limitation, continuing to physically block the industrial user’s access to the sewer until the appeal is heard and decided by the Board of Public Utilities.
(1995 Code, § 7.20.775) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)