§ 28-247. Remedies nonexclusive and show cause hearing.

The remedies provided for in this article are not exclusive. The city may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one (1) enforcement action against any noncompliant user.

The city may order any user who causes or allows an unauthorized discharge to enter the WWF to show cause before the city commission why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city commission regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city commission why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

The city commission 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 the city commission notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city commission for action thereon: or

(3)

Take the evidence.

At any hearing held pursuant to the pretreatment ordinance, testimony taken 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 thereof.

After the city commission has reviewed the evidence, it may issue an order to the user 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 on existing treatment facilities and are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Ord. No. C-98-61, § 3, 10-20-98; Ord. No. C-12-49, § 33, 12-18-12 )