Sec. 34-78. Wastewater facilities board of appeals.
(a) Appointment. There is hereby established in the city, a board to be called the wastewater facilities board of appeals which shall consist of five (5) members. Such board shall be composed of one public works official, one engineer, two members of local industry, and one member at large from the community. The board shall be appointed by the city council, and it shall elect its own chairman from the membership.
(b) Term of office. The city council shall appoint initially three (3) members for a term of three (3) years, and two (2) members for a term of two (2) years, each of whom may be reappointed at the expiration of their respective terms. All future appointments shall be for two (2) year terms and all members shall serve until their successors are appointed and qualified. The members shall take the oath of office prescribed by the city charter for officers of the city. Vacancies on the board shall be filled by city council for the unexpired term of any member whose term becomes vacant. The members so appointed may be removed by city council for cause.
(c) Quorum. Three (3) members of the board shall constitute a quorum. No board member shall act or vote on any matter in which he has a substantial personal or pecuniary interest.
(d) Records. The director of public works, or designee shall act as secretary of the board and shall make a detailed record of all its proceedings, which shall set forth the reason for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote.
(e) Procedure. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of this article. The board shall meet at regular intervals, to be determined by the chairman, and in any event, the board shall meet within ten (10) days after notice of appeal has been received.
(f) Powers and duties. Any sewer system user may initiate an appeal to the board by filing a notice of appeal. Such notice of appeal shall be filed no later than thirty (30) days after the final enforcement action. No decision of the city to pursue an action in court shall be appealable pursuant to these provisions. The board shall consider, hear evidence on, and decide appeals of sewer system users enforcement actions taken by the director of public works or his designee. The board shall decide such appeals based upon the evidence and shall either (1) uphold the actions of the director of public works or his designee, or (2) reverse the actions of the director of public works or his designee, explain its reasons for doing so, and remand the matter to the director of public works or his designee for further action. (Ord. No. O-95-269, 9-26-95)
Last updated date: 10/23/2006 4:15:21 PM