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(A) Whenever the Director finds that any person has violated or is violating any prohibition, limitation, or provision of this chapter, the Director may cause to be served upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 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 Director may order any person who causes or allows an unauthorized discharge to show cause before the Director 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 Director regarding the violation, and directing the offending party to show cause before the Director 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 Director may conduct the hearing and take the evidence, or may designate any village official or employee of the village to:
(1) Issue in the name of the Director 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; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Director for action thereon.
(D) At any public hearing, testimony taken before the Director or any person designated by the Director must be under oath and recorded in the minutes of the hearing.
(E) After the Director has reviewed the evidence, a notice may be issued 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 are properly operated, and such further orders and directives as are necessary and appropriate.
(F) Any discharge in violation of the substantive provisions of this chapter or an order of the Director shall be considered a public nuisance. If any person discharges sewage, industrial wastes, or other wastes into the village treatment system contrary to the substantive provisions of this chapter or any order of the Director, the Law Director of the village shall commence an action for appropriate legal and/or equitable relief in the Common Pleas Court.
(Ord. 96-139, passed 8-19-1996) Penalty, see § 52.99