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Chapter 10 — ENFORCEMENT AND APPEAL

Article II — APPEALS

San Joaquin County Municipal Code · 2026-09 edition · updated 2026-09-27 · San Joaquin County

5-6906 - PROCEDURE.

Any user, permit applicant, or permit holder affected by a decision, action or determination, including cease and desist orders, made by the Director, interpreting or implementing the provisions of this division or in any permit issued herein, may file with the Director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.

Any person aggrieved by the action of the Director may appeal said decision to the Board of Supervisors and a hearing shall be held pursuant to Section 5-6908 of this division.

(Ord. 3994 § 1 (part), 1998)

5-6907 - TERMINATION OF SERVICE.

The Director may terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this division is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this division. This provision is in addition to other statutes, rules or regulations, authorizing termination of service for delinquency in payment.

Any such termination shall be accomplished by written notification of termination and the reasons therefor, sent by certified mail, return receipt requested to the permittee's business address as approved in the application.

The Director shall, within ten (10) days after the notice has been mailed, hear the matter pursuant to Section 5-6906 of this division.

(Ord. 3994 § 1 (part), 1998)

5-6908 - TIME LIMITATIONS.

An appeal to the Board of Supervisors of the County shall be made by filing a petition in triplicate with the Clerk of the Board of Supervisors of the County no later than ten (10) days from the decision of the Director. The petition shall set forth grounds for appeal and the reasons why such appeal should be granted. Upon receipt of said petition, the Clerk of the Board of Supervisors of the County shall immediately forward a copy to the County Administrator and within ten (10) days following the filing of appeal, the petition shall be placed on the agenda of the Board of Supervisors.

The Board of Supervisors shall set the matter for hearing within fifteen (15) days and shall give the applicant notice of such time and place for hearing. Said notice shall be given in person or by mail no later than ten (10) days prior to the hearing.

(Ord. 3994 § 1 (part), 1998)

5-6909 - ACTION BY BOARD OF SUPERVISORS.

In considering and ruling on the appeal, the Board of Supervisors shall determine the issues of the appeal on the grounds specified for revocation of permits (Section 5-6502); for summary suspension of permits (Section 5-6205) and for termination of service (Section 5-6907). The Board of Supervisors may reverse or affirm, wholly or in part, any decision, termination or requirement of the Director or impose such conditions

as the facts warrant. The decision of the Board of Supervisors shall be final. Any hearing may be continued from time to time.

(Ord. 3994 § 1 (part), 1998)

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