[Amended 3-15-1994 by L.L. No. 6-1994; 12-16-2003 by L.L. No.
7-2003]
A.
The enforcement officer may, on his own motion, investigate or make
inquiry, in a manner to be determined by him, as to any condition
affecting the public sewer system and as to any alleged act or omission
or failure to comply with any provisions of this chapter and any permit,
order or determination issued thereunder.
B.
Whenever it shall appear to the enforcement officer, after investigation,
that there has been violation of any of the provisions of this chapter
or any permit issued thereunder, he shall give written notice to the
alleged violator or violators setting forth any thing or act done
or omitted to be done or claimed to be in violation of any such provisions
and requiring that the matters complained of be corrected or that
the alleged violator appear in person or by attorney before the enforcement
officer or his duly designated representative at the time and place
in said notice specified and answer the charges complained of.
C.
At least 15 days' notice of such hearing shall be given.
D.
Upon the return day of such notice, the person so notified shall
file with the enforcement officer a statement setting forth the position
of the person so notified, the answer, if any, to the charges made
against him, the methods, practices and procedures, if any, which
are being taken to correct each alleged violation and any other defenses
or information pertinent to the case. Pertinent and relevant testimony
of witnesses shall be received in support of or opposition to said
statement.
E.
Following a hearing and after due consideration of the written and oral statements and testimony and arguments filed pursuant to Subsection D above, or on default in appearance on said return day, the enforcement officer may issue and enter such final order to make such final determination as he deems appropriate under the circumstances and shall notify such person or persons thereof in writing, personally or by registered mail.
A.
The enforcement officer, or any person designated by him for this
purpose, may issue subpoenas and administer oaths in connection with
any hearing or investigation under or pursuant to the provisions of
this article, and it shall be the duty of the enforcement officer
and any persons designated by him for such purpose to issue subpoenas
at the request of and on behalf of the respondent.
B.
The enforcement officer and those designated by him shall not be
bound by laws of evidence in the conduct of hearing proceedings, but
the determination shall be founded upon sufficient legal evidence
to sustain it.
C.
Notice of hearing shall be served at least 15 days prior to the date
of the hearing, provided that, whenever because of danger to the public
health, safety or welfare, it appears prejudicial to the public interest
to delay action for 15 days, the enforcement officer may serve the
respondent with an order requiring certain action or the cessation
of certain activities immediately or within a specified period of
less than 15 days, and the enforcement officer shall provide an opportunity
to be heard within 15 days after the date the order is served.
D.
Service of notice of hearing or order shall be made by personal service
or by registered or certified mail. Where service, whether by personal
service or by registered mail, is made upon an infant, incompetent,
partnership, corporation, governmental subdivision, board or commission,
it shall be made upon the person or persons designated to receive
personal service by Article 3 of the Civil Practice Law and Rules.
E.
The City Attorney may prefer charges, attend hearings, present the
facts and take any and all proceedings in connection therewith.
F.
At a hearing, the respondent may appear personally, shall have the
right of counsel and may cross-examine witnesses against him and produce
evidence and witnesses in his behalf.
G.
A record, or summary thereof, of the proceedings of said hearings
shall be made and filed with the City. If requested to do so by any
interested party concerned with said hearing, the full stenographic
notes of the testimony presented at said hearing shall be taken and
filed. The stenographer shall, upon the payment of his fees allowed
by law therefor, furnish a certified transcript of the whole or any
part of his notes to any party to the action requiring the same.
H.
Unless precluded by law, disposition may be made of any hearing by stipulation, agree settlement, consent order, default or other informal method. Within 10 days of the notice specified in Subsection C, the user may request a prehearing conference with the enforcement officer or his representative for an informal disposition of any or all charges.
I.
Upon request made by any party upon the City within a reasonable
time, but prior to the time for commencement of judicial review, of
its giving notice of its decision, determination, opinion or order,
the City shall prepare the record, together with any transcript of
proceedings, within a reasonable time and shall furnish a copy of
the record and transcript of any part thereof to any party as he may
request. Except when any law provides otherwise, the City is authorized
to charge not more than its cost for the preparation and furnishings
of such record or transcript or any part thereof or the rate specified
in the contract between the City and a contractor, if prepared by
a private contractor.
J.
Upon application of any affected user, the enforcement officer may
modify or amend any determination after a hearing.
K.
Regardless of the above procedures, liability for any violation of
this chapter shall be attached immediately upon the occurrence of
the violation, and all violations shall be subject to enforcement
action by the City of Fulton, which may be initiated at any time following
the occurrence of the violation, regardless of the status or timing
of the above hearing procedures.
[Added 10-5-1999 by L.L. No. 11-1999]
