§ 44-251. Termination of service.

The city may take action to terminate service to any person for any violation for which they are authorized to issue a compliance order under section 44-246. The procedure for termination of service shall be as follows:

(1)

Revocation of permit and termination of service. Prior to the suspension or revocation of a permit issued except as provided in section 44-179(a)(3) and the termination of service and disconnection of sanitary and waste disposal facilities, the city shall notify in writing, the holder of the permit. Said notice shall advise that the city will consider the suspension or revocation of the permit, termination of service or disconnection. Said notice shall state the date of the proposed suspension or revocation, termination of service and proposed disconnection of service and the reason therefor and the time and date and place that the city shall hold a hearing upon said proposed suspension, revocation, termination and disconnection. Said hearing shall not be less than ten days subsequent to the receipt of notice as herein required. Said notice shall be mailed to the owner at the address shown on the permit application or as known to the city, and a copy may be delivered to the permit holder or the person in charge of the facility or posted conspicuously on the property affected. The city may (but shall not be required to) give such further additional notice as in the discretion of the city or city attorney is convenient or desirable. Upon the conclusion of the hearing, the city shall determine whether grounds exist for suspension or revocation, for termination and/or for disconnection of service. If such grounds are found to exist, the permit shall forthwith be suspended or revoked and service shall forthwith be terminated and sanitary and waste disposal and water facilities forthwith disconnected. A copy of said decision shall be sent by certified mail to the owner at the address shown on the permit or as known to the city and a copy shall be delivered to the facility or posted conspicuously on the property; provided, however, that the service of said copy of the decision shall not be a condition precedent or subsequent to suspension or revocation, termination or disconnection.

(2)

Restoration of service.

a.

Any person whose permit has been suspended or revoked herein, or for whom service has been terminated and disconnected effected hereunder, may petition the city for reinstatement of the permit and reinstatement of service. Said petition shall be verified under the oath or declaration under penalty of perjury of the person petitioning. Said petition shall contain a detailed statement of the corrective action taken by the petitioner or others to remove the grounds for suspension or revocation, termination and disconnection, and of the corrective measures or devices to prevent a repetition of the offense and of proposed security against further violation. Said petition shall contain the name and address of the petitioner for purposes of receiving notice. Said petition shall be filed with the city.

b.

Said petition shall be heard within 35 days of the date of receipt by the city. Notice of time, date and place of hearing shall be given to the petitioner at least ten days before the hearing in writing by certified mail to said petitioner at the address shown on the petition; provided, however, that said petitioner may waive said notice in writing.

c.

At the hearing, the city shall consider evidence presented by the petitioner in support of his petition and evidence in opposition.

d.

The city in its discretion may restore the permit, service and connection if they find that the grounds for suspension, revocation, termination and disconnection have been corrected and that there is adequate assurance from the petitioner of corrective measures or devices to prevent a repetition of the offense for which the permit was suspended or revoked and service terminated and disconnected or for any other reason deemed fit and appropriate in the premises by the city.

e.

The city may, as a condition to the restoration of the permit, service and connection:

1.

Require the petitioner to provide reasonable safeguards and security to avoid a repetition of the offense for which the permit was suspended, revoked and service terminated and disconnected.

2.

Impose reasonable charges to compensate the city for expenses incurred in connection with the suspension, revocation, termination and disconnection and in connection with the reinstatement of the permit and the restoration of service and reconnection.

3.

Impose such other reasonable conditions or regulations as shall be necessary to protect the public health, safety, property and to prevent a nuisance.

4.

Take such other actions as may be necessary and proper.

(Code 1976, § 27:170; Ord. No. 845, § 12, 1-14-1980)