§ 98-255. Appeals.

(a)

Except as provided in sections 98-197 and 98-198, the director shall give ten days' prior notice to any person whose utilities are to be terminated pursuant to this article. Any such notice shall specify the reasons for the proposed termination and inform the affected person of the appeal procedure provided in this section. If, within such ten-day period, the director receives notice that such person requests a hearing, the effective date of the termination shall be automatically delayed at least until the date set by the director for a hearing. The director shall select a hearing date, giving the person appealing the decision at least three days' notice thereof.

(b)

Any person whose application for a permit is denied, whose permit is suspended or revoked pursuant to this article or whose service is being terminated shall be given notice thereof. Any such notice shall specify the reasons for this decision and inform the affected person of the appeal procedure provided in this section. If any such affected person desires a hearing, he shall file a notice of appeal with the director no later than ten days after his receipt of the director's official notice of decision.

(c)

The director shall establish rules not inconsistent with this division governing hearing procedures.

(d)

The director shall appoint a qualified individual, who was not involved in the original decision to deny the permit, to serve as hearings examiner to hear appeals. The hearings examiner shall be authorized to affirm, deny or modify the director's initial decision.

(e)

The hearings examiner may, in lieu of termination of service, require any or all of the following:

(1)

Penalties not to exceed $2,000.00 per day;

(2)

Special permit conditions;

(3)

Mandatory compliance schedules; or

(4)

Any other action which he deems just and equitable.

(f)

The city may immediately terminate water/wastewater service and provide a hearing as described in this section within three days of initial termination, if the director determines that a discharge from an industrial user presents an imminent threat that:

(1)

The health of city employees or the public will be endangered; or

(2)

A likelihood that the city's treatment plant permit parameters, including sludge, will be violated,

(g)

To be effective under this section, a notice shall be in writing and either:

(1)

Delivered in person to the person or his agent entitled to receive such notice; or

(2)

Sent by United States certified mail, return receipt requested, to the person or his agent entitled to receive notice.

(Code 1967, § 34-58(19); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)