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 Winter Garden
 Code of Ordinances
 Chapter 78. UTILITIES
 Article IV. INDUSTRIAL WASTE

  § 78-139. Appeal of enforcement action.  

Latest version.

  • (a)

    Appeal procedure. The following appeal procedure is designed to allow any person or user the right to appeal the requirements of this article if he thinks they are incorrect and to have the right to a hearing regarding his appeal before the city commission:

    (1)

    Complaints requiring inspection or personnel approval shall be dealt with on a case-by-case basis. If necessary, documentation required to substantiate the user's complaint shall be filed with the city. After review of the information presented, a determination by the assistant to the city manager for public services will be made known to the complainant. All documentation, review notes, and written resolution of the complaint shall be filed and retained by the city clerk for a period of not less than three years.

    (2)

    The user shall also have the right to an administrative review of the assistant to the city manager for public services' determination by the city commission. In order to exercise this right, the user shall comply with all applicable requirements of this article, as it may be from time to time amended.

    (3)

    The city commission shall schedule a hearing thereon at its next regularly scheduled meeting at which this matter can reasonably become part of the agenda, but no later than 30 days following receipt of such notice. The user shall be notified of the date and time of the hearing, and shall be permitted to present evidence and argument at the hearing. The city commission shall make a determination on the matter at that time, and this determination shall be binding upon the user and the city and shall constitute the official position of the city with respect to the matter.

    (4)

    If the city commission upholds the assistant to the city manager for public services' decision, all penalties previously assessed against the user shall be paid immediately, but no later than five days following the city commission's determination. If the city commission overrules the assistant to the city manager for public services' decision in part or in full, the city commission may, at its discretion, waive part or all of the penalties charged to the complainant.

    (5)

    All decisions rendered by the city commission shall be considered final and binding on all parties involved.

    (b)

    Immediate action. Nothing in this section or in this article as a whole is intended to preclude the city from taking immediate action to temporarily modify a permit or to sever service of an industry completely when there is imminent risk of injury to the public sewer system or to the health and welfare of the public or to the environment.

(Ord. No. 11-38, § I(Exh. A), 12-8-11)