§ 49-117. Enforcement response plan.
(a)
The City shall issue a Notice of Violation to a user for failure to comply with the provisions of this article by serving written notice upon the user stating the nature of violation and providing the user with 15 business days to provide to the City a detailed written report with the proposed corrective actions and completion date. The City may shorten the response time in exigent circumstances or when the City determines that the public health, safety or welfare is endangered.
(b)
If a user violates or continues to violate the provisions set forth in this article or fails to initiate complete corrective action within the specified time period in response to a Notice of Violation, then the City may pursue the following options or such other actions to protect the public health safety or welfare:
(1)
Pump the oil and grease interceptor/trap, or oil/water separator, and place the actual at cost fee of this service on the user's monthly sewer bill for services which may include pumping, cleaning, and disposal of the contents in the oil and grease interceptor/trap or the oil/water separator;
(2)
Impose an administrative penalty, in accordance with the rules and procedures set forth in this article;
(3)
Assess a reasonable fee for additional inspection, sample collection, and laboratory analyses;
(4)
Terminate water and sewer service; or
(5)
Any combination of the above or other enforcement actions.
(c)
Should water and/or sewer service be terminated, the user shall pay all outstanding fees, penalties and other utility charges prior to reinstatement of water and sewer service.
(d)
The City shall use, to the maximum extent practicable, the following enforcement guide in addressing enforcement issues that arise under the provisions of this article.
Enforcement Guide
Article Violation Nature of Violation Enforcement Response Personnel Section 49-104 Unapproved Discharge Issue Notice of Violation Inspector Section 49-105 Accidental Discharge Issue Notice of Violation Inspector Section 49-106 Dilution of Discharge Issue Notice of Violation Inspector Section 49-107 No Pretreatment Facilities Issue Notice of Violation Inspector Section 49-108 Oil and Grease Management Issue Notice of Violation Inspector Section 49-109 Oil and Grease Unit Design Issue Notice of Violation Inspector Section 49-110 Oil and Grease Unit Capacity Issue Notice of Violation Inspector Section 49-111 Oil and Grease Unit Installation Issue Notice of Violation Inspector Section 49-113 Oil and Grease Unit Maintenance Issue Notice of Violation Inspector Section 49-114 Hauled Wastewater Issue Notice of Violation Inspector Section 49-115 Records and Reports Issue Notice of Violation Inspector Note: Notice of Violation will detail corrective action needed.
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(e)
Appeals of all City staff decisions shall be to the Director of the City Utility Department, then to the City Manager and then to the City Council. Notices of appeals must be filed within ten days of the date of the decision from which the appeal arises. Decisions of the City Council may be appealed to a court of competent jurisdiction in accordance with the controlling rules of procedure. Appeals shall be de novo at each level except that appeals to the City Council shall be on the record of the matter determined at the prior level. The City Manager may promulgate administrative rules relating to the processes and procedures for hearings and appeals. The City may use its hearing officer process to hear matters at any level.
(Ord. No. 07-10, § 17, 5-1-07)