§ 25-110. Show cause hearing.

(a)

The city manager may allow any user identified as a source of an unauthorized discharge to the POTW to show cause before the city council why the proposed enforcement action should not be taken. If such a show cause hearing is allowed, at a time and place specified by the city council a hearing shall be held to review the violation, the reasons why the action is to be taken, and the proposed enforcement action. The user may present arguments before the city council, and the city council shall determine whether the proposed enforcement action shall be taken.

(b)

The city council may itself conduct the hearing and take the evidence, or may designate any representative to:

(1)

Issue the name of the city council 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;

(3)

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

(c)

At any hearing held pursuant to this article, testimony taken shall 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)

After the city council 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 shall 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. 10574, § 4.4, 6-20-83; Ord. No. 10911, § 1, 4-2-90; Ord. No. 11496, 5-7-2001)