§ 115-21. Hearings by City Council.

A. 

The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council 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 Council regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the user to show cause before Council 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 10 days before the hearing. Service may be made on any agent or officer of a corporation.

B. 

Council may conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:

(1) 

Issue, in the name of 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; and

(3) 

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

C. 

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

D. 

After Council has reviewed the evidence, it may:

(1) 

Take into consideration information that, if it can be proven, the user did not violate any provision of this chapter or a permit issued under this chapter, or did not know or have reason to know, that its discharge, violated any provision of this chapter or a permit issued under this chapter;

(2) 

Instruct the Superintendent to enter into a consent order under § 115-20;

(3) 

Instruct the Superintendent to seek civil fines and relief or prosecute the user for violation of this chapter; and/or

(4) 

If the violation is flagrant enough to endanger the health, safety and welfare of the inhabitants or residents to the city, issue an order to the user responsible for the discharge directing that, following a specified time period, if any, the sewer service will be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed on existing treatment facilities, directives as are necessary and appropriate may be issued.