§ 6-4-43. ADMINISTRATIVE PROCESS.

(A)

A person appealing an enforcement action of Austin Water Utility may request an administrative review conducted by the director. A request for an administrative review must be made in writing to Austin Water Utility on or before the 20th day following the date of the notice of violation. The review shall take place on or before the 10th day following a request for appeal. The person shall be notified of Austin Water Utility's determination including the results of the review and instructions on how to request an administrative hearing.

(B)

A person appealing an administrative review decision may request a hearing conducted by a hearing officer appointed by the city manager.

(1)

The person must request the administrative hearing in writing to the director on or before the 10th day following notice of the administrative review determination.

(2)

Not later than the 10th day following a request for an administrative hearing, Austin Water Utility shall provide the person with information as to the time and place of the hearing. If the person fails to appear at the hearing, the person will be considered to admit liability and will be charged accordingly.

(3)

A person who is found by a hearing officer to be liable for a violation of this chapter may appeal the liability finding by filing a petition in municipal court no later than the 31st day after the date of the hearing officer's determination. An appeal does not stay enforcement and collection of the judgment unless the person, before filing the appeal, posts a bond with Austin Water Utility in an amount equal to the amount of the liability assessment plus the appeal fee.

(4)

If upon hearing the appeal from the hearing officer's liability finding the municipal court affirms or substantially affirms the liability finding, the utility will retain the appeal fee and apply the bond to the liability assessment previously determined. If the municipal court reverses the hearing officer's liability finding, the appeal fee and administrative assessment bond will be refunded to the account holder.

Source: Ord. 20120816-004.