A. Any discharger, permit applicant, or permit holder affected by any decision, action or determination by the city engineer, interpreting or implementing the provisions of this chapter, including, without limitation, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city, may file with the city clerk, within ten days of the date of service of such decision, action or determination, a written notice of appeal to the city manager, or designee, appealing such decision, action or determination by the city engineer. The notice of appeal shall set forth in detail all relevant facts supporting the appeal of the decision of the city engineer. The filing of the notice of appeal shall stay further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the city manager, or designee, on the appeal; provided, however, that nothing stated in this section shall limit the authority of the city engineer to take such action or to make such directives as the city engineer deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop:

Such action shall include, without limitation, continuing to physically block the discharger’s or industrial user’s access to the sewer or POTW until the appeal is heard and decided by the city manager, or designee.

B. Upon an appeal brought to the city manager, or designee, by the written notice of appeal, the city manager, or designee, shall set the matter for hearing and after said hearing may affirm, overrule or modify the decision, action or determination of the city engineer which is the subject of the appeal. The city manager, or designee, shall have the further authority to condition any penalties imposed or the corrective action required or to reduce or increase the penalties imposed by the city engineer. Failure of the discharger or industrial user to comply with the city manager’s, or designee’s, decision or to make arrangements for compliance satisfactory to the city engineer within ten days of the date of the city manager’s, or designee’s, decision shall result in the termination of the discharger’s or industrial user’s right to discharge into the sewer. If the industrial user is discharging pursuant to an industrial wastewater discharge permit, such inaction shall result in the termination of the industrial user’s permit. The city engineer shall thereupon order physical termination of the service forthwith, which service shall not be resumed until the industrial user fully complies with the city manager’s, or designee’s, decision.

C. Appeal decisions made by the city manager, or designee, shall be final for all administrative purposes and, except as to civil penalty imposed according to the procedure provided by this chapter, shall be subject to review under the provisions of the Code of Civil Procedure Section 1085 (with respect to decisions not requiring an evidentiary hearing) or Code of Civil Procedure Sections 1094.5 through 1094.6 (with respect to decisions made after an evidentiary hearing). All judicial review shall be based on abuse of legal discretion/substantial evidence standard. (Ord. 4988 § 1, 2019; Ord. 4740 § 1, 2013; Ord. 4198 § 3, 2004)