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Ord 2478
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Ord 2478
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Last modified
3/2/2020 11:41:18 AM
Creation date
3/2/2020 11:41:11 AM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council, Redevelopment Agency and Public Financing Authority
Date
2/24/2020
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action or actions and directing the user to show cause before the Enforcement <br />Officer why the proposed enforcement action should not be taken. Said notice may <br />be combined with a notice of violation issued pursuant to Section 27.128. <br />Notice of the hearing shall be served personally or by certified mail (return receipt <br />requested) addressed, in the case of a user or permittee, to the premises where the <br />alleged violation has taken, or is taking, place, to the address theretofore specified <br />by said user or permittee in the permit application (if different than the address of <br />the premises) and also to the owner of said premises as shown on the last equalized <br />assessment roll prepared by the County Assessor. Said hearing shall be held not <br />less than ten (10) days following the date of the notice. <br />Sec. 27.129.2. - PROCEDURE: <br />At the hearing, the user and/or permittee, the owner of the premises above- <br />mentioned, and the Enforcement Officer shall be given the opportunity to be heard. <br />Formal rules of evidence shall not be applicable, provided however, that oral and <br />documentary evidence relevant to the issue being heard shall be received. <br />A verbatim transcript of the record need not be prepared; provided, however, that if <br />the user, permittee, or owner of the premises requests a transcript, the Enforcement <br />Officer shall cause a transcript to be prepared; provided, further, that the cost of <br />preparing such transcript shall be borne by the party requesting it. A request for the <br />preparation of a transcript shall be made not less than five (5) business days prior <br />to the hearing. The requesting party shall deposit with the Enforcement Officer the <br />estimated cost of providing a transcript prior to commencement of the hearing. <br />Failure to deposit the estimated cost shall be deemed a waiver of the request, and <br />in such instance a transcript need not be prepared. The notice of hearing shall <br />contain notification of the requirements hereof relating to the preparation of a <br />transcript. <br />Sec. 27.129.3. - DECISION: <br />Upon completion of the hearing, and upon a finding by the Enforcement Officer that <br />a violation of this Chapter or of any permit issued pursuant to this Chapter or any <br />other requirement of law has occurred, the Enforcement Officer may issue an order <br />to the user, permittee, or owner of the premises to which the violation pertains, who <br />or which is found responsible for said violation, directing that, following a specified <br />time period, sewerage service shall be discontinued, and/or the permit with respect <br />to which the violation occurred shall be revoked unless, with respect to any <br />discharge or discharges causing such violation: a) adequate treatment facilities, <br />devices or other related appurtenances shall have been installed or used in <br />conjunction with existing treatment facilities, devices or other related appurtenances, <br />or, with respect to such discharge or discharges or any other act, omission or offense <br />causing such violations, or b) existing treatment facilities, devices or related <br />appurtenances are properly operated, maintained or repaired, or c) other <br />appropriate remedial action shall have been taken. The Enforcement Officer may <br />issue such other orders and directives as are necessary or appropriate to obtain <br />ATTY/ORD.S06/CC FOG ORDINANCE <br />REV: 11-27-19 EI <br />Page 14 of 18 <br />
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