(a) Whenever the City finds that any person has violated or is violating any prohibition, limitation or provision of this chapter, they may serve upon such a person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for a satisfactory correction thereof. Such notice shall also state that any person in violation of this chapter shall be liable for any resulting damages or applicable fines.
(b) If the violation is not corrected by timely compliance, the City may order any person who causes or allows an unauthorized discharge to show cause before the Hearing Board why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Hearing Board regarding the violation, and directing the offending party to show cause before the Hearing Board why an order should not be made directing the termination of service. 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.
(c) The Hearing Board may itself conduct the hearing and take the evidence, or may
designate any of its members or any officer or employee of the Hearing Board to:
(1) Issue in the name of the Hearing Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
(2) Take the evidence.
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Hearing Board for action thereon.
(d) At any public hearing, testimony taken before the Hearing Board or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(e) After the Hearing Board has reviewed the evidence, it may issue an order to the party 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 shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives are as necessary and appropriate.
(f) Any discharge in violation of the substantive provisions of this chapter or an
order of the Hearing Board shall be considered a public nuisance. If any person discharges sewage, industrial wastes, or other wastes into the City treatment system contrary to the substantive provisions of this chapter, or any order of the Hearing Board, the Law Director shall commence an action for appropriate legal and/or equitable relief in the Pike County Common Pleas Court.
(g) Whoever violates any order of the Hearing Board shall be punished as provided in Section 937.99.
(h) Any recipient of sewer service shall have the right of appeal before the Hearing Board to express grievances and appeal bills or administrative decision.
(Ord. 13-82. Passed 6-21-82.)