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<br />"Sec. 34-84. Show cause hearing. <br /> <br />"(a) In the event of repeated unauthorized discharges, failure to meet a <br />compliance schedule or any repeated violations of this article by a user, the <br />supervisor, with the consent of the city manager and the approval of the city attorney, <br />may order any user to show cause why a proposed enforcement action should not be <br />taken. A notice shall be served on the user specifying the time and place of a hearing <br />to be held regarding the violation, the reasons why the action is to be taken, the <br />proposed enforcement action and directing the user to show cause why the proposed <br />action should not be taken. The notice of hearing shall be served personally or by <br />registered or certified mail (return receipt requested) at least ten (10) days before the <br />hearing. Service may be made on any authorized representative of an industrial user, <br /> <br />"(b) The city council shall appoint an attorney licensed and actively practicing <br />law in the State of Texas as hearing examiner, to perform the following functions: <br /> <br />"(1) Issue in the name of the city council notices of hearings requesting <br />the attendance and testimony of witnesses and the production of any <br />evidence relevant to any matter involved in such hearings; <br /> <br />"(2) Conduct the hearing; <br /> <br />"(3) Deliver a transcript of the hearing and his recommendation to the city <br />council for action thereon. <br /> <br />"(c) After the city council has reviewed the evidence, it may issue an order to the <br />user responsible for the discharge directing that, following a specified time period, <br />the sewer service or water service may be discontinued unless adequate treatment <br />facilities, devices or other related appurtenances are properly operated. Further <br />orders and directives as are necessary and appropriate may be issued. <br />(Ord. No. 92-029, ~ 1, 7-13-92) <br /> <br />Sec. 34.85. Fees and charges due to violations. <br /> <br />"(a) The city may recover all reasonable costs of repairing damages to the <br />POTW, of sampling, analysis, inspection, cleanup, costs of paying fines or penalties <br />which result from a discharge not in compliance with this article, and any other costs <br />incurred by the City in controlling discharges in violation of this article, <br /> <br />"(b) Billing for recovery of such costs shall be by letter to the discharger, sent <br />certified or registered mail, (return receipt requested), which states the specific <br />violation(s), the damages and penalties sustained by the City, the costs of those <br />damages and penalties, and the costs the City has determined as attributable to the <br />discharge and billed to the discharger. <br /> <br />"(c) The costs are due and payable by the discharger upon receipt of the letter, <br />Nonpayment or disputes regarding the amount within ten (1 0) days shall be cause for <br />termination of water and/or wastewater service. It shall be unlawful for anyone but <br /> <br />27 <br />