The Village of Webster, prior to the adoption, amendment or
repeal of any provision of this Part 2, shall:
A. Publish notice at least 10 days prior to the intended action. Notice
shall include a statement of either the terms or substance of the
intended action or a description of subjects and issues involved;
the time and place of the hearing; and the manner in which interested
persons may present their views.
B. Afford all interested parties reasonable opportunity to submit data, views or arguments, orally or in writing. Reasons for adoption and refusal of a proposed rule, as well as the decision of the Village of Webster, shall be recorded and available for public inspection. If the Superintendent believes emergency action is required under §
113-23 or
113-27, the Village of Webster may waive notice and proceed without prior notice or hearing to adopt an emergency provision. The emergency provision shall be effective for a period of not longer than 120 days unless it is readopted under Subsections
A and
B of this section.
The Village of Webster shall compile, index and publish all
effective sewer use law provisions. The compilation shall be supplemented
as often as necessary.
An interested party may petition the Village of Webster requesting the promulgation, amendment or repeal of a sewer use law provision. Within 30 days after submission of a petition, the Village of Webster shall either deny the petition in writing, stating its reasons, or shall initiate rulemaking proceedings in accordance with §
113-59.
A final decision or order adverse to a party in a contested
case shall be in writing or stated in the record. A final decision
shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the underlying
facts supporting the findings. If, in accordance with rules and regulations
of the Village of Webster, a party submitted proposed findings of
fact, the decision shall include a ruling upon each proposed finding.
Parties shall be notified, either personally or by mail, of any decision
or order. Upon request, a copy of the decision or order shall be delivered
or mailed forthwith to each party and to each party's attorney
of record.
Unless required for the disposition of ex parte matter authorized
by law, members or employees of the Village of Webster assigned to
render a decision or to make findings of fact and conclusions of law
in a contested case shall not communicate, directly or indirectly,
in connection with any issue of fact with any person or party, nor
in connection with any issue of the law with any party or its representative,
except upon notice and opportunity for all parties to participate.
A member of the Village Board may:
A. Communicate with other members of the Village Board; and
B. Have the aid and advice of one or more personal assistants.
Notwithstanding any other provision of this Part 2, the Village
of Webster may authorize the Village Attorney to institute the appropriate
legal proceedings, including seeking injunctive relief. The power
of injunction shall be invoked in the following cases:
A. To stop an illegal discharge after all administrative procedures
have been used and failed.
B. To stop an illegal discharge which is causing the Village to violate
its discharge standards and the length of time necessary to institute
any existing legal remedies would result in a fine or penalty to the
Village.