A. 
This section does not apply to any action proposed or taken by the City to disconnect sewer service because of the user's failure to pay billed sewer service charges. Section 259-23 instead controls the procedures for disconnection for nonpayment.
B. 
If a user violates any prohibition, limitation or requirement contained in this chapter, including any of those conditions specified in § 259-26 or, if applicable, in a City-issued wastewater discharge permit, the Utility Manager may serve on the user, either personally or by certified or registered mail, return receipt requested, a written notice stating the nature of the alleged violation. Within 20 days after the date of the notice, the user, based on the express order of the Utility Manager in the notice, shall either:
(1) 
Immediately and permanently correct or cease such violation; or
(2) 
Submit a response to the allegations and provide a plan, if appropriate, for the satisfactory correction of the violation to the Utility Manager. If the user's response is satisfactory to the Utility Manager and the user complies with a submitted plan, if appropriate, the City shall not take any further action against the user.
C. 
If a user fails to comply with the notice issued under Subsection B within 20 days, it shall be subject to any of the penalties or sanctions permitted by §§ 259-25, 259-26, 259-27, 259-28 and 259-29.
A. 
Notice of hearing. If a user does not timely and fully comply with its plan filed under § 259-24B(2), the Utility Manager may order the user to show cause before the Common Council why the proposed enforcement action, including, if applicable, the revocation of a City-issued discharge permit, should not be taken. A written notice shall be served on the user specifying the time and place of a hearing to be held by the Common Council regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and the user's right to show cause before the Common 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. The notice of the hearing may be served on any officer, director, or managing agent of the user if a corporation, a limited liability company or an association or on a general partner if the user is a partnership.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
Hearing officials; transcripts. The hearing procedures and requirements prescribed by § 259-33E and F shall apply to a show cause hearing under Subsection A.
C. 
Issuance of order. After the Common Council has reviewed the evidence, it may issue an order or directive to the user as is necessary and appropriate, including but not limited to an order that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related equipment shall have been installed or existing treatment facilities, devices or other related equipment is properly operated. If a user subsequently violates a Council-issued order, the City may initiate action in accordance with § 259-28 or 259-29, or both.
In accordance with the procedures prescribed by §§ 259-24 and 259-25, the City may terminate the sewer service or, if applicable, revoke the discharge permit of any user which violates any condition or term of this chapter, any applicable state or federal law or regulation, or any of the following conditions:
A. 
Failure of the user to report factually the wastewater constituents and characteristics of its discharge.
B. 
Tampering with sampling or flow measurement equipment and/or analyses conducted by or at the direction of the City.
A. 
In accordance with the procedures prescribed by §§ 259-24 and 259-25, the Utility Manager may suspend, by written notice, sewer service to a particular premises, facility or building if suspension is necessary, in the opinion of the Utility Manager, to stop an actual or threatened discharge that presents or may present an imminent or substantial danger to the health or welfare of persons or to the environment, causes or may cause interference to the City's sewerage system, or causes or may cause the City to violate any condition of its WPDES permit.
B. 
Any user notified of a suspension of its sewer service shall immediately stop or eliminate the introduction of wastewater into the City's sewerage system. If the user fails to comply voluntarily with the suspension order, the City may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewerage system or danger to any persons. The City shall reinstate the sewer service, at the user's expense, on proof of the elimination of the noncomplying discharge.
[Amended 11-19-2013 by Ord. No. 1973(7)]
If any user discharges any pollutant, wastewater, or waste into the City's sewerage system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the City or permit issued by the City, or violates any other provision of this chapter, City order, City permit, or federal or state law or regulation, the City Attorney may, in addition to the procedures prescribed by §§ 259-24 and 259-25, commence an action for legal and/or equitable relief in the appropriate judicial forum. If initiated, this court action does not constitute any election of remedies by the City, and it may pursue any other remedies available to it at law or under this chapter.
[Amended 11-18-2003 by Ord. No. 1740(20); 11-19-2013 by Ord. No. 1973(7)]
Except as otherwise provided herein, and in addition to any other legal remedies that may be available to the City, any person who violates an order of the City or who violates or fails to comply with any provision of this chapter, or any order, rule, regulation, or permit issued under this chapter, may be subject to a forfeiture of not more than $2,000 for each offense. Each day on which a violation occurs or continues shall be deemed a separate and distinct offense. In addition to the specified penalties, the City may recover reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or an order, rule, regulation, or permit issued under this chapter. In default of payment of such forfeiture and costs, the violator may be imprisoned for a period not to exceed 30 days.
[Amended 11-19-2013 by Ord. No. 1973(7)]
Any person violating any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's sewerage system, shall be liable to the City for any expense (including, but not limited to, reasonable actual attorneys' fees, engineering fees, fees of any other consultants or experts, administrative costs, City employee and equipment costs, and any independent contractor costs), loss or damage caused by such violation or discharge. The City shall bill such person for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the City's sewerage system. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct or other applicable charge.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to a forfeiture of not more than $1,000 and costs and, in default of payment, to imprisonment for not more than 30 days.
A. 
Reviewable determinations. The following determinations are reviewable by the Common Council under this section:
(1) 
The grant or denial in whole or in part of an application for a permit under this chapter.
(2) 
The suspension, revocation or nonrenewal of a permit under this chapter.
(3) 
The imposition of any sanction or corrective order on any person under the provisions of this chapter.
(4) 
The suspension or termination of sewer services in accordance with the provisions of this chapter, except if § 259-23 otherwise applies.
B. 
Nonreviewable determinations. The following determinations are not reviewable under this section:
(1) 
The provisions of this chapter.
(2) 
Any decision to initiate or authorize court action for enforcement or for the collection of forfeitures or penalties or for the recovery of any costs or damages caused by any violations of this chapter by any person.
C. 
Request for review. Any person aggrieved by a reviewable determination of any City official may submit a written petition to the Common Council requesting it to review that determination. The request for review shall be mailed or delivered to the City Clerk within 20 days after the determination was served personally or by mail on the aggrieved person. The request for review shall state the ground or grounds on which the person aggrieved contends that the decision should be modified or reversed.
D. 
Review of determination.
(1) 
In accordance with the procedures prescribed by this section, the Common Council shall conduct a hearing on the appealed determination within 30 days after the filing of the request for review. The Council may extend the time period for review of the determination an additional 30 days if necessary.
(2) 
The person aggrieved may file with the request for review any written evidence or argument in support of the person's position with respect to the determination subject to review.
(3) 
The Common Council may affirm, reverse or modify the determination and shall mail or personally deliver to the person aggrieved a copy of its decision. The Council shall state the reasons for its decision. The decision shall also advise the person aggrieved of the right to appeal the decision and the time and manner by which the appeal may be taken.
E. 
Conduct of hearing. The Common Council may itself conduct a hearing and take evidence or it may designate any of its members, a City official, or a designated hearing officer to:
(1) 
Issue in the name of the Common Council notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including a transcript and other evidence, together with a recommendation to the Common Council for action thereon.
F. 
Transcript. Any testimony offered at the hearing shall be taken under oath and recorded stenographically. The transcript, so recorded, shall be made available, if requested, to any member of the public for inspection or copying.
G. 
Final determination. Within 20 days after completion of the hearing, the Common Council shall make its written determination and shall mail a copy to the person aggrieved stating the reasons for its decision. This determination shall be a final determination.
H. 
Review by certiorari. Any party to a proceeding under this section may seek review by certiorari to the Circuit Court within 30 days after receipt of the final determination. The Court may affirm or reverse the final determination or remand to the Common Council for further proceedings consistent with the Court's decision.[1]
[1]
Editor's Note: Appendices A through D, which immediately followed this section, are on file at the City Clerk's office.