A. The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the governing body why the proposed enforcement action 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 governing body regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the governing body 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 ten days prior to hearing. Service may be made on any agent or officer of a corporation.

B. The governing body may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

1. Issue in the name of the governing body 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. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the governing body for action thereof.

C. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcripts, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

D. After the governing body has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed. Further powers and directives as are necessary and appropriate may be issued.

E. If any person discharges wastewater, industrial wastes or other wastes into the city's wastewater system contrary to provisions of this chapter, federal or state pretreatment requirements, or any order of the director of public utilities, the city attorney may commence an action for appropriate legal and/or equitable relief in the district courts of the state of Kansas. (Prior code § 9-321)