§ 53.152. SHOW CAUSE HEARING.

(A)

Any user subject to enforcement action under the provisions of this Chapter may request a hearing before the Director within ten (10) days of receipt of notification of proposed enforcement action. The imposition of a surcharge is not considered an enforcement action. A hearing is to be held by the Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Director why the proposed enforcement action should not be taken.

(B)

The Director may conduct the hearing and take the evidence, or, at the Director's sole discretion, may designate any officer, city employee, or independent arbitrator to:

(1)

Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing;

(2)

Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing);

(3)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Director for action thereon.

(C)

At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded. A transcript of the hearing will be made available to any member of the public or any party to the hearing upon payment of the usual charges.

(D)

After the Director has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued by the City unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, and that those devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(E)

The City shall also establish and assess against the user appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the Wastewater Treatment Works due to the violation of this Chapter.

(F)

Any action by the Director may be appealed to the City Manager.

(Ord. No. 22-94, passed 5/3/94; Ord. No. 4-02, § 35, passed 2/19/02)