§ 25-100.2. Show cause hearing.

(a)

Notice. The superintendent may order a user that has violated, or that continues to violate, any provision of this article, an individual wastewater discharge permit, a general permit, or an order issued hereunder, or any other pretreatment standard or requirement, to appear before the governing body of the city and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(b)

Hearing. The governing body may itself conduct the hearing and take the evidence, or may designate any of its members or any of its officers or employees to:

(1)

Issue in the name of the governing body notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2)

Take the evidence; and/or

(3)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the governing body for action thereon.

(c)

Record. At any hearing held pursuant to this article, 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.

(d)

Order. After the governing body has concluded the hearing or reviewed the report and recommendations referred to in paragraph 25-100.2(b)(3), 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, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)