Show-cause hearings.
A. The Chief Plant Operator and/or Superintendent of Sewers may order any user appealing administrative remedies for violations of this chapter to show cause, before the Town Board, why an enforcement action, initiated by the Chief Plant Operator and/or Superintendent of Sewers, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken.
The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 calendar days before the hearing. Such notice may be served on any authorized representative of the user, in accordance with § 257-146. A show-cause hearing shall not be a bar against, or be prerequisite for, taking any other action against the user.B. The Town Board may itself conduct the hearing and take evidence or may designate any of its members or any officer or employee of the Town to conduct the hearing and:(1) Issue, in the name of the Town Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings,(2) Take the evidence;(3) Take sworn testimony;(4) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.C.
After the Town Board has reviewed the evidence, it may order the user to comply with the order or fine, modify the order or fine or vacate the order or fine from the Chief Plant Operator and/or Superintendent of Sewers.[1][1]Editor's Note: Original § 175-144D of the 1991 Code, regarding a bar against other action, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).