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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Sec. 34-84. Show Cause Hearing. <br /> (a) In the event of repeated unauthorized <br /> discharges, failure to meet a compliance schedule <br /> or any repeated violations of this article by a <br /> user, the supervisor, with the consent of the city <br /> manager and the approval of the city attorney, may <br /> order any user to show cause why a proposed <br /> enforcement action should not be taken. A notice <br /> shall be served on the user specifying the time and <br /> place of a hearing to be held regarding the <br /> violation, the reasons why the action is to be <br /> taken, the proposed enforcement action and <br /> directing the user to show cause why the proposed <br /> action shauld not be taken. The notice of hearing <br /> shall be served personally or by registered or <br /> certified mail (return receipt requested) at least <br /> ten (10) days before the hearing. Service may be <br /> made on any authorized representative of an <br /> industrial user. <br /> (b) The city council shall appoint an <br /> attorney licensed and actively practicing law in <br /> the State ot T'exas as hearing examiner, to pertorm <br /> the following functions: <br /> (1) Issue in the name of the city council <br /> notices of hearings requesting the attendance <br /> and testimony of witnesses and the production <br /> of any evidence relevant to any matter <br /> involved in such hearings; <br /> (2) Conduct the hearing; <br /> (3) Deliver a transcript of the hearing and <br /> his recommendation to the city council for <br /> action thereon. <br /> (c) After the city council has reviewed the <br /> eviaence, it may issue an order to the user respon- <br /> sible for the discharge directing that, tollowing a <br /> specified time period, the sewer service or water <br /> service may be discontinued unless adequate treat- <br /> ment facilities, devices or other related appurte- <br /> nances are properly operated. Further orders and <br /> directives as are necessary and appropriate may be <br /> issued. <br /> Sec. 34-85. Fees and Charges Due to Violations. <br /> (a) The City may recover all reasonable costs <br /> of repairitig damages to the POTW,of sampling, <br /> analysis, inspection, cleanup, costs of paying <br /> fines or penalties which result from a discharge <br /> not in compliance with this article, and any other <br /> costs incurred by the City in controlling <br /> discharges in violation ot this article. <br /> (b) Billing for recovery of such costs shall <br /> be by letter to the discharger, sent certified or <br /> registered mail, (return receipt requested), which <br /> states the specific violation(s), the damages and <br /> penalties sustained by the City, the costs of those <br /> damages and penalties, and the costs the City has <br /> determined as attributable to the discharge and <br /> billed to the discharger. <br /> (c) T'he costs are due and payable by the <br /> discharger upon receipt of the letter. Non-payment <br /> or disputes regarding the amount within ten (10) <br /> days shall be cause tor termination of water and/or <br /> -22- <br />