A. 
The City may immediately suspend or terminate the wastewater service of an FSE and property owner when such suspension or termination is necessary in order to stop an actual or imminently threatened discharge that is in violation of law, including, but not limited to, the following:
1. 
An imminent or substantial endangerment to the health or welfare of people or the environment;
2. 
An obstruction to the wastewater collection system; or
3. 
Any circumstance that is likely to cause a violation of any relevant permit or waste discharge requirement of the City, or any applicable law, unless immediate action is taken to prevent its occurrence.
B. 
Any person notified of a suspension or termination of wastewater service shall immediately stop or eliminate all discharges to the public sewer. In the event of a failure of the person to comply voluntarily with the suspension or termination order, the Director shall take such steps as he or she deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the environment, collection system and/or the regional wastewater control facility. The Director may reinstate the wastewater service only upon proof that the circumstance that caused the suspension or termination of wastewater service has been adequately addressed and the circumstance no longer presents a danger to the environment or to the City's wastewater system. A detailed written statement submitted by the FSE and the property owner describing the cause of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the effective date of the suspension or termination.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
In accordance with the procedures and limitations provided in subsection B of Section 13.40.220, the Director may suspend and/or terminate wastewater service to an FSE and property owner when the Director determines that the FSE has failed to comply with the requirements of this chapter, with respect to any of the following particulars:
1. 
Failed to comply with the terms and conditions of a compliance schedule order;
2. 
Knowingly provided a false statement, representation, record, report, or other document to the City and/or the Director;
3. 
Refused to provide records, reports, plans, or other documents required by the City and/or the Director to determine compliance with this chapter;
4. 
Falsified, tampered with or knowingly rendered inaccurate any monitoring device or sample collection method;
5. 
Refused reasonable access to the FSE for the purpose of inspection and monitoring;
6. 
Failed to make timely payment of all amounts owed to the City imposed pursuant to this chapter;
7. 
Discharged FOG that caused an obstruction or sewer blockage in the public sewer or an SSO;
8. 
Violated grease interceptor maintenance requirements or any provision of this chapter pertaining to maintenance and operation of any grease interceptor or grease control device;
9. 
Failed to report significant changes in operations, or wastewater constituents and characteristics.
B. 
For the purpose of making the determination of noncompliance pursuant to subsection A of this section, the Director may rely upon any evidence or information available and may gather other necessary information as needed through imposition of reasonable sampling and inspection requirements conducted at a time, location, manner, and frequency determined at the reasonable discretion of the Director. The inspections may include, but are not limited to, inspection of the grease control device, grease interceptor and associated manifests and documentation, or analysis of a grab or composite sample of the wastewater discharged from the FSE.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Upon determination that an FSE is in noncompliance with the terms and conditions specified in any provision of this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the Director may require the FSE to enter into a compliance time schedule on terms and conditions specified by the Director.
B. 
The compliance time schedule may contain terms and conditions including, but not limited to, requirements for installation of a grease control device, submittal of drawings or reports, audit of waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.
C. 
If compliance is not achieved in accordance with the terms and conditions of a compliance time schedule during its term, the Director may issue an order suspending or terminating wastewater service pursuant to Section 13.40.230 of this chapter.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Violations of this chapter are misdemeanors as provided in Section 1.08.010 of this code.
B. 
Any FSE or property owner in violation of this chapter, or the orders, rules and regulations issued under this chapter may be ordered by the Director to cease and desist operations until the violation is cured. Continuance of operations after notice to cease and desist has been furnished to the FSE and/or property owner shall be unlawful and a misdemeanor as provided in Section 1.08.010 of this code. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
The violation of any of the provisions of this chapter, or the orders, rules and regulations issued under this chapter, or the doing of any act prohibited or the failure or omission to do any act required by this chapter, or the orders, rules and regulations issued under this chapter, is a public nuisance and may be enjoined though a civil action brought by the City Attorney.
D. 
If any violation of this chapter, or the orders, rules and regulations issued under this chapter, causes damage to the public sewer and/or the regional wastewater control facility, the FSE jointly and severally with the property owner causing such damage shall be liable therefor and the cost thereof shall be deemed a debt to the City, enforceable and collectable as provided by law.
E. 
To remedy violations of this chapter, the Director is authorized to issue notices of violation, administrative citations and impose administrative civil penalties pursuant to Title 1 of this Code.
F. 
The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Any FSE or property owner affected by a decision, action, or determination, including suspension, revocation, refusal or termination of wastewater service, cease and desist order, or imposition of civil penalties issued by the Director, or any other action of the Director in interpreting or implementing the provisions of this chapter, may file with the Director a written request for reconsideration within 10 days of such decision, action, or determination, setting forth in detail the facts supporting the request for reconsideration. The Director shall provide a written decision regarding the request for reconsideration within 30 days following the filing of the request for reconsideration. The Director shall serve the written decision upon the affected FSE and/or property owner by either personal service, facsimile, overnight courier or regular mail.
B. 
Any FSE or property owner aggrieved by the decision of the Director regarding a request for reconsideration specified in this section may appeal said decision and request an administrative hearing and decision in accordance with the procedures set forth in Title 1, Chapter 1.44, Section 1.44.070, of this code by filing with the Director a written appeal within 10 days of such action setting forth in detail the facts supporting the appeal. The administrative hearing shall be conducted in accordance with procedures set out in Chapter 1.44 of this code and the administrative order shall be final.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)