50.26 Due Process

A user shall appeal the decision of the Superintendent to the Board within fifteen (15) days of the Superintendents action:

  1. Deny a permit;
  2. Terminate or discontinue wastewater services;
  3. Access fines;
  4. Issue Cease and Desist Orders; or
  5. Severance Water Supply

The effectiveness of the Superintendent’s action shall not be stayed pending the appeal. The user shall indicate the reasons for his appeal in writing. The Board shall schedule a hearing within fifteen (15) days of the receipt of the written request for appeal and render it’s decision upon the appeal within (30) days of the conclusion of the hearing. Failure to do so shall be deemed a denial of the request for reconsideration or appeal. The aggrieved part may then seek judicial review of the Board’s action or inaction by filing a complaint with the Miami Circuit or Superior Court within thirty (30) days thereafter.