Sec. 138-296. Show cause hearing.
(a) Under this article, upon a finding by the general manager that a person has caused or permitted an unauthorized discharge or that any such unauthorized discharge has not been corrected by timely compliance with a correction schedule, whether with or without a meeting with the general manager, the general manager may order any person who causes or allows such unauthorized discharge to show cause why an enforcement action should not be taken. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the general manager regarding the violation, the proposed enforcement action and directing the offending party to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The general manager may conduct the hearing and take evidence or may designate a representative to:
(1) Issue notices of hearings requesting the attendance and testimony of witnesses and the production of any evidence relevant to any matter involved in any such hearings.
(2) Take the evidence.
(3) Submit a report of the evidence and hearing to the general manager, including transcripts and other evidence, together with recommendations for action thereon.
(c) At any public hearing, testimony taken before the hearing authority or any person designated by it shall be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(d) Upon review of the evidence, the general manager shall make written findings of fact and may:
(1) Issue an order stating that no unauthorized discharge has occurred and directing that service shall not be terminated therefor;
(2) Issue an order stating that an unauthorized discharge has occurred and direct that following a specified time period, the wastewater treatment service of the offending party be discontinued unless:
a. Adequate treatment facilities, devices or other appurtenances shall have been installed; or
b. Existing treatment facilities devices or other appurtenances are properly operated or maintained; or
(3) Issue such other or further orders and directives as are necessary and appropriate.
(e) Any party to the hearing aggrieved or adversely affected by an order of the general manager may appeal such order to the district court of the 17th or 18th judicial district of the state, pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Code 1979, § 39-106(d); Ord. No. 2023-44, § 31, 9-11-2023)