§ 52.09  VIOLATIONS; RIGHT OF APPEAL.
   (A)   Whenever the city finds that any person has violated or is violating any provision of this chapter, it may serve 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 city may order any person who causes or allows an authorized discharge to show cause why service should not be terminated. Proceedings on the show cause order shall be heard by the Water and Sewer Charges Review Board established by § 51.11. A notice shall be served on the person, specifying the time and place of a hearing to be filed by the Board regarding the violation, and directing the person to show cause before the Board why service should not be terminated. 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 Board may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to:
      (1)   Issue, in the name of 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 evidence;
      (3)   Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon;
      (4)   At any public hearing, testimony taken before the Board or any person designated by it must be under oath and recorded stenographically. The transcript will be made available to anyone making request therefor upon payment of the usual charges therefor;
      (5)   After the 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;
      (6)   Any discharge in violation of this chapter or an order of the Board shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the city treatment system contrary to this chapter or any order of the Board, the Board shall commence an action for appropriate legal and equitable relief in a court of competent jurisdiction; and
      (7)   Any person found guilty by the Board of violating this chapter shall have such right to appeal as may be available under state law.
(2003 Code, § 52.09)  (Ord. 3195, passed 3-19-1998)  Penalty, see § 52.99