Lincoln Municipal Code Art. V Appeals and Penalties

Any person adversely and directly affected by any determination made by the public works director or any other officer or employee of the city pursuant to the provisions of this chapter may appeal the determination to the city council.

(Ord. No. 992B, § 1, 6-25-2019)

The notice of appeal must be filed with the city clerk not later than 15 days following the determination of the public works director or 15 days following the date when the appellant is informed of the determination appealed, whichever is the last to occur. The notice of appeal shall specify the basis of the appeal and only grounds mentioned therein shall be considered by the council.

(Ord. No. 992B, § 1, 6-25-2019)

Within ten days of receipt of the appeal, the city clerk shall transmit it to the council with the request that it be set for hearing. The city council shall thereafter set the matter for hearing within 30 days of the date on which it receives the appeal and shall instruct the clerk to give the appellant written notice of the time, date and place of the hearing by mailing notice thereof to the address of the appellant as shown in the notice of appeal.

(Ord. No. 992B, § 1, 6-25-2019)

At the time of the hearing, the council shall consider all testimony and evidence presented which is relevant to the subject of the appeal and shall within 15 days thereafter affirm, modify or reverse the determination of the public works director.

(Ord. No. 992B, § 1, 6-25-2019)

Any appeal filed pursuant to this chapter shall stay the determination of the public works director; provided, however, that the filing of the appeal shall not stay any determination; made by the public works director and the determination shall remain in full force and effect unless and until modified or reversed by the city council.

(Ord. No. 992B, § 1, 6-25-2019)

A violation of any provision of this chapter shall be a misdemeanor and subject to the penalties provided by law.

(Ord. No. 992B, § 1, 6-25-2019)

In addition to any other remedy provided by law, the city attorney may institute appropriate actions or procedures in a court of competent jurisdiction to restrain or abate any violations of the provisions of this chapter as a public nuisance.

(Ord. No. 992B, § 1, 6-25-2019)

(a) In addition to all of the remedies provided in this ordinance, discharge of prohibited waters or wastes shall result in disconnection of the premises from the public sewer.

(b) Prior to such discontinuance of service the owner of the real property to which the service was rendered shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

(c) When service has been disconnected as provided in this ordinance, public works director shall require that the person requesting that such service be reestablished furnish bond in the amounts specified by Chapter 13.08.590(a) for the full cost of reconnecting the service payable to the city and conditional upon compliance with the provisions of this chapter, before granting permission to make such connection. The person making application for such reestablishment of service shall pay all expenses incurred by the city in causing such disconnection and reconnection before such permission may be granted in accordance with the provisions specified by Article IV—Building and Sewer Connections.

(Ord. No. 992B, § 1, 6-25-2019)