8-3E-15: ORDER TO CEASE OPERATION OF FSE:

   A.   Where a violation of this article has not been timely corrected, and results in or threatens interference or pass- through as herein defined, the superintendent, or such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, shall have the authority to issue an order in writing to the owner or operator of the FSE, ordering such person or persons to cease and desist from further operation of the FSE and from further discharge of wastewater to the sanitary sewer system. The order shall be delivered by personal service unless the owner or operator cannot be found within the city, in which event notice shall be by ordinary mail addressed to the owner's or operator's last known address and by posting a copy of the notice in a conspicuous place upon the premises of the FSE. Delivery shall be deemed to occur upon delivery in person or two (2) business days after mailing.

   B.   Operation of the FSE shall cease on the date stated in the order and shall not recommence without the prior written approval of the superintendent.

   C.   A person subject to a cease and desist order may make a written request to the superintendent for a reconsideration and hearing on the cease and desist order within ten (10) days from delivery of the order, provided, however, that operation of the FSE shall cease pending the outcome of the hearing.

   D.   The owner's or operator's request for hearing shall identify the appealing party, include the address of the person requesting the hearing and to which all further notices shall be mailed or served, and shall state the basis for the appeal.

   E.   The hearing shall be scheduled to be held as soon as practicable and no later than fourteen (14) days after the request for hearing was filed with the superintendent. The person requesting the hearing shall be notified in writing or by telephone of the date and place of such hearing at least three (3) days in advance thereof. At such hearing the superintendent and the person requesting the hearing may be represented by counsel, examine witnesses, and present evidence as necessary.

   F.   The determination by the superintendent that the violation occurred shall be considered a final administrative decision, unless appealed as provided in this article. (Ord. 5256, 11-24-2014)

8-3E-16: APPEAL OF CORRECTIVE ACTION ORDER OR CEASE AND DESIST ORDER:

   A.   Any person aggrieved by a corrective action order or a cease and desist order issued by the superintendent, or by such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, may file an appeal and request a ruling that such order be modified or rescinded.

   B.   An appeal request must be filed with the city clerk, and an administrative fee as set forth in section 8-3A-3 of this chapter paid, within ten (10) days of the date of delivery of the order. Failure to file the appeal and pay the administrative fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the order of the superintendent or other enforcement authority shall thereupon become final. Hearing on the appeal before the city council, or its designated committee consisting of no less than three (3) persons, shall be scheduled for a date within twenty one (21) days of filing the appeal and shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the city council or committee shall affirm, modify or rescind the order. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. (Ord. 5256, 11-24-2014)

8-3E-17: ADDITIONAL REMEDIES:

The superintendent or the city is not precluded from seeking alternative relief from the court, including an order for abatement or injunctive relief or for recovery of investigational or remedial costs resulting from a noncomplying discharge, in the event that the superintendent or the city files a misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the same violation of this article. (Ord. 5256, 11-24-2014)

ARTICLE F. FOUNDATION DRAIN DISCONNECTION

SECTION:

8-3F-1: Purpose

8-3F-2: Applicability

8-3F-3: Definitions

8-3F-4: Districts

8-3F-5: Disconnection Of Foundation Drain Connections Required

8-3F-6: Financial Assistance For Disconnection

8-3F-7: Approved Disconnection Procedure

8-3F-8: Further Conditions Of Financial Assistance Payment

8-3F-9: Noncompliance Fee For Foundation Drain Connection

8-3F-10: Rebuttable Presumption

8-3F-11: Refund Of Noncompliance Fee

8-3F-12: Inspection And Notice

8-3F-1: PURPOSE:

The purpose of this article is to eliminate foundation drain connections to the sanitary sewer system in order to mitigate detrimental impacts caused by sanitary sewer overflows. The city hereby enacts a program, to be progressively implemented in additional areas of the city, that will provide a limited financial assistance payment to sanitary sewer system customers in established districts that disconnect a foundation drain from the sanitary sewer system within a specified period of time, and to establish monthly surcharge payments for sanitary sewer system customers within established districts that fail to disconnect foundation drains within a specified period of time following the establishment of a district. (Ord. 5248, 10-27-2014)

8-3F-2: APPLICABILITY:

The provisions of this article shall be applicable only within the boundaries of a district established under this article. (Ord. 5248, 10-27-2014)

8-3F-3: DEFINITIONS:

For purposes of this article, a "foundation drain" is any foundation drain, footing drain, footing tile, sump pump, or similar system or device intended to collect and convey groundwater along, adjacent to, beside or under the foundation or basement of any building in a manner that connects with the sanitary sewer system, or any downspout, drain, or similar system or device intended to collect and convey surface waters in a manner that connects with the sanitary sewer system. (Ord. 5248, 10-27-2014)