(a) There is hereby created a Board of Review, which shall consist of three members to be appointed by the Mayor, and who shall be approved by a majority of the members of Council. Members of the Board of Review shall receive no compensation and shall serve for such period as is determined at the time of the appointment.
(b) All persons affected by any decision, ruling, determination or order of the Air Pollution Control Officer shall have fifteen days within which to appeal in writing such decision, ruling, determination or order to the Board of Review. The Board of Review shall promptly, upon receipt of an appeal, set a date, time and location for a hearing upon the appeal, and give notice thereof by mail to the interested parties.
(c) It shall be the duty of the Board of Review to hear all appeals from any decision, ruling, determination or order of the Air Pollution Control Officer. At the hearing, any party may appear in person or be represented by agent or attorney and present evidence, both written and oral, pertinent to the questions and issues involved, and may examine and cross-examine witnesses. If the Board of Review finds during hearings that compliance with any provision of this chapter, or decision, ruling, determination or order of the Air Pollution Control Officer, will result in an arbitrary and unreasonable taking of property, or in the practical closing and elimination of any lawful business, occupation or activity, in either case without a sufficient corresponding benefit or advantage to the people in the reduction of air contamination, it shall prescribe other and different requirements not more onerous applicable to the plans or equipment involved. The Board of Review may determine under what conditions and to what extent a variance from the requirements of this chapter or any decision, ruling, determination or order of the Air Pollution Control Officer is equitable. In reviewing appeals or requests for variances, the Board of Review shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the public health, safety and welfare and to any lawful business involved, which would result from upholding, revising or denying the decision, ruling, determination or order by the Air Pollution Control Officer. The Board of Review shall have thirty days after completion of a hearing to uphold, revise or deny, by majority vote of its members, the action of the Air Pollution Control Officer in any disputed decision, ruling, determination or order made by the Air Pollution Control Officer.
(Ord. 2029-1960. Passed 4-4-61.)