Violation of any of the provisions of this chapter is unlawful
and may be charged as a misdemeanor or an infraction in the discretion
of the city attorney.
(Ord. 94-6 § 6)
Upon determining that any of the provisions of this chapter
have been violated or that a violation is threatened, the city manager
shall have the authority to terminate or suspend service to property
as provided in this section.
A. At least ten days prior to the proposed termination or suspension of services, a written notice shall be given to the customer, and to the property owner if other than the customer, setting forth the city's intention to terminate or suspend sewer services, the effective date of the termination or suspension, and the reasons for the proposed termination or suspension. The notice shall advise the customer and owner of the name, city address, and city telephone number of the employee designated pursuant to subsection
B of this section with whom the customer or owner may meet to appeal the proposed termination or suspension of services. The notice shall also advise of the availability of appeal from any suspension or termination of service pursuant to subsection
D of this section.
The notice shall be either delivered in person or mailed by
first class mail, U.S. postage prepaid to the service address.
B. The
city manager shall designate an employee to review disputed bills,
rectify any errors, and settle any controversies pertaining to termination
or suspension of services prior to such termination or suspension.
C. Except for emergency disconnections or suspensions of service pursuant to subsection
F of this section, no sewer service shall be discontinued on any Saturday, Sunday, legal holiday observed by the city, or at any time during which the city's business offices are not open to the public.
D. Either
the customer or property owner may appeal the termination or suspension
of sewer services after services have been discontinued by filing
a written notice of appeal with the city manager within fifteen days
of such termination or suspension. The decision of the city manager
shall be the final city decision.
E. Reconnection.
1. When
service has been terminated or suspended as provided in this section,
the customer or property owner shall pay all unpaid charges, including
penalties and interest, plus all city expenses and charges for the
termination or suspension of services and the restoration of services,
prior to the restoration of the terminated or suspended service.
2. When
service has been terminated or suspended as provided in this section,
the city may require prior to restoration of services that a surety
bond security in a form approved by the city attorney and be provided
to the city in a sum deemed adequate by the public works director,
but not less than five hundred dollars, be provided to the city conditioned
upon compliance with the provisions of this chapter.
F. Emergency Suspension and Disconnection. If a violation of the provisions of this chapter presents an emergency in which there is an immediate and serious threat to the public health, safety or welfare, sewer services may be immediately disconnected and suspended. In such a case, within twenty-four hours of disconnection and suspension, the notice specified in subsection
A of this section shall be provided to the customer, and such notice shall additionally advise of the availability of the preliminary review specified in subsection
B of this section. In the case of emergency disconnections and suspensions, such preliminary review shall be available upon request within twenty-four hours of the notice of disconnection and suspension.
(Ord. 94-6 § 6; Ord. 94-10 § 3)
Continued habitation or occupancy of any building or premises
during any period of termination or suspension of sewer services,
or the continued habitation, occupancy or operation of any facility
in violation of the provisions of this chapter or any ordinance, rule
or regulation of the city relating to sewer use (including, but not
limited to, those relating to industrial wastewater or pretreatment),
is declared to be a threat to public health and a public nuisance.
The city may cause proceedings to be brought enjoining and for the
abatement of any such conditions.
In such event, as a condition of reconnection, there shall be
paid to the city its reasonable attorney's fees and the costs of such
action.
(Ord. 94-10 § 5)
Except as otherwise expressly provided by law, all of the remedies
specified in this article are cumulative, and each is in addition
to any other remedy provided by law.
(Ord. 94-10 § 5)