McFarland Municipal Code Art. II Administrative Provisions

Except as otherwise provided in this chapter, the city manager shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city manager may be delegated by the city manager to persons acting in the beneficial interest of or in the employ of the city.

(Ord. 174 §201, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

A. Unless otherwise provided in this chapter, any notice required to be given by the city manager under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the city manager. Where the address is unknown, service may be made upon the owner of record of the property upon which the alleged violation occurred.

B. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Ord. 174 §203, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the city manager.

(Ord. 174 §204, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

A. Adequate identification shall be provided by the city manager for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

B. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the city's sewerage system may be made by the city manager as he deems necessary. These facilities shall include but not be limited to sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connecting sewers; and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

C. Authorized personnel of the city shall be provided immediate access to all of the above facilities or to other facilities directly or indirectly connected to the city's sewerage system at all reasonable times including those occasioned by emergency conditions. A requirement for the issuance of an industrial waste permit as set forth in Sections 13.12.200 and 13.12.210 is that the permit holder consents to inspection of the discharger's facilities at reasonable times by the city's personnel or representatives. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall be promptly removed by the facility user or owner at the written or verbal request of the city manager and shall not be replaced.

D. No person shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's sewerage system.

(Ord. 174 §205, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the city manager shall make such determinations.

(Ord. 174 §206, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

A. The city manager will approve plans for sewerage construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears that the sewerage construction, sewer connection, industrial discharge or other procedure conforms to the requirements of this chapter.

B. If requested to do so, the city manager will issue a certificate indicating satisfactory completion of the required work when all work required by the approved plans or permit has been completed and approved by the city's inspector.

C. All required fees and charges shall be paid before approval of plans and issuance of a permit or inspection certificate.

D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Ord. 174 §208, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

Revenues derived under the provisions of this chapter shall be used for the acquisition, construction, maintenance and operation of sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such sanitation or sewerage facilities and to repay federal and state loans or advances made to the city for construction or reconstruction of sewerage facilities. Excess revenues derived under the provisions of this chapter, not restricted by state or federal regulations, may be used for other municipal purposes.

(Ord. 174 §209, 1978)

A. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by or on behalf of the city manager in interpreting or implementing the provisions of this chapter or any permit issued hereto, may file with the city a written request for reconsideration. Such requests shall be received within one year of the date of the occurrence of the action in dispute. Such request shall be acted upon by the city manager within forty-five days from the date of filing. If the city manager fails to act within forty-five days the request shall be deemed to be denied.

B. If the ruling made by the city manager is unsatisfactory to the person requesting consideration, the person may make a written appeal to the city council within forty-five days after the notice of the action taken by the city manager by filing the same with the city council.

C. The written appeal shall state all the pertinent aspects of the matter. Within forty-five days after the written appeal is filed, the city council shall hold a hearing on the appeal. At this hearing, the discharger may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given in accordance with Section 13.12.060 at least fifteen days prior to the date of hearing.

(Ord. 174 §210, 1978)

(Ord. No. 002-2010, § 1, 2-11-10)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the city's sewerage system shall be a violation of this chapter.

(Ord. 174 §211, 1978)