(a) Whenever the Director has information that any person is violating this ordinance by causing or permitting air pollution, the Director shall make a prompt investigation. If after such investigation, he finds that such violation exists, he shall enter into a voluntary agreement with such person as provided in subsection (2).
(b) In consideration of the provisions of this section or other sections of this ordinance, the Director, after due notice, may enter into a voluntary agreement with a person to abate air pollution under conditions agreed upon by the Director and the person, which agreement may provide for the enforcement of its term by specific performance.
(c) If in the opinion of the Director the person violates the terms of the agreement the Director can proceed to enforce the conditions of the agreement by order or by the institution in a Court of competent jurisdiction of an action for specific performance of such other legal or equitable relief as the Director deems appropriate.
(d) Whenever a person other than a party to the agreement feels himself or herself aggrieved by an agreement entered pursuant to subsection (2), he may file a sworn petition with the Board within 30 days of the issuance of notice of the agreement setting forth the grounds and reasons for his complaint and asking for a hearing of the matter involved. Thereupon the Board shall set a date for a hearing to be held not more than 60 days from the date the petition is filed and shall notify the petitioner thereof. At the hearing the petitioner and any other interested party may appear, present witnesses and submit evidence. A final order or determination of the Board upon the matter following the hearing shall be conclusive.
(e) If a voluntary agreement under this section is not entered into within a reasonable time, set by the Director, the Director may issue and serve upon the person complained against a written notice, together with a copy of the complaint, which shall specify the facts which are the basis for the alleged violation and a proposed order for corrective action which states the time schedule and standards and provisions of this ordinance that are to be met by the person complained against. If a person who is served with a complaint and proposed order agrees with the proposed restrictions of polluting content, waste or pollution and period of time for abatement of pollution which the Director deems necessary, and notifies the Director thereof, unless the person complained against requests a hearing before the Board within 30 days after he receives the order, disposition of the case may be made with the approval of the Director by stipulation or consent order. An order adopted by the Director or the Board shall be final.
(Ord. 2494, passed 5-12-1975)