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In addition to the powers set out in § 4-25, the Director may also:
(a) Control and abate air pollution in accordance with this ordinance.
(b) Make, modify or cancel decisions, rulings or orders which require, in accordance with the provisions of this ordinance, the control of air pollution.
(c) Institute in a court of competent jurisdiction proceedings to compel compliance with the provisions of this ordinance.
(d) Accept, or when deemed necessary by him, require to be submitted to him, and consider for approval plans for air cleaning devices or any part thereof and inspect the installation for compliance with the plans.
(e) Enter and inspect any property at reasonable times and places pursuant to reasonable notice for the purpose of investigating either an actual or suspected source of air pollution for ascertaining compliance or noncompliance with this ordinance. Any information relating to secret processes, or methods of manufacture or production obtained in the course of the inspection or investigation shall be kept confidential. If in connection with such investigation or inspection, samples of air contaminants are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person who is suspected of causing such air pollution.
(f) Receive and initiate complaints of air pollution in alleged violation of this ordinance and take action with respect thereto provided in this ordinance.
(g) Encourage voluntary cooperation by all persons in controlling air pollution.
(h) Cooperate with the appropriate agencies of the United States, the State of Michigan, or other states or any interstate agencies or international agencies with respect to the control of air pollution.
(i) Do such other things as he may deem necessary, proper or desirable in order that he may enforce this ordinance.
(j) Issue installation permits and certificates operation of air contaminant sources and control equipment and to require reports of the operation of the air contaminant sources.
(k) Determine by means of field studies and sampling the degree of air pollution in the City of Flint.
(l) Prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and the control or prevention of any new air pollution.
(m) Conduct and supervise programs of air pollution control education including the preparation and distribution of information relating to air pollution control.
(Ord. 2494, passed 5-12-1975)
The Board shall consider appeals from the decision of the Director in order that the provisions of this ordinance may be reasonably applied and substantial justice done where practical difficulties are apparent or unnecessary hardship would result in carrying out the strict letter of this ordinance. The Board may reverse or affirm, wholly or in part, or may modify the decision, ruling or order appealed from and shall make such determination as in their opinion ought to be made in the premises, if the case involved is, in its judgment, not in violation of the intent of this ordinance, and if public health and safety will not be jeopardized.
(Ord. 2494, passed 5-12-1975)
Such appeal shall be filed within ten (10) days after the decision, ruling or order complained of, by filing with the Secretary of the Board, a notice of appeal directed to the Board specifying the grounds thereof and the relief sought. A filing fee shall be posted by the applicant at the time of filing of the appeal to cover the cost of the hearing. Such filing fee shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. The Director shall forthwith furnish to the Board all papers relating to the decision, ruling or order which is appealed. The Board, upon receiving notice of the appeal, shall fix a time and place for the hearing thereof, which date shall not be less than five (5) nor more than thirty (30) days after the date of filing of the appeal, and shall give written notice thereof by certified mail to all interested parties. Such an appeal shall act as a stay of the decision, ruling, or order in question until the decision of the Board is rendered. At the hearing, the appellant, his agent or attorney may appear. Witnesses may be called by the appellant, and the Board shall hear evidence which may be produced by the appellant, or by the Director concerning the appeal. The Board shall, after the hearing has been completed, issue its decision in writing to the appellant within ten (10) days after the hearing which decision shall either affirm, reverse, or modify in whole or in part the decision, ruling, or order issued by the Director.
(Ord. 2494, passed 5-12-1975; Ord. 3399, passed 2-8-1999)
The Board shall consist of seven (7) members who shall be residents of the City who shall be appointed by the Mayor and approved by a majority of the City Council elect. One (1) member shall be a licensed doctor of medicine, preferably with a background in public health; one (1) member shall be a registered professional engineer, preferably trained and experienced in matters of air pollution measurement and control; one (1) member shall be an attorney-at-law; one (1) member shall be a representative of industrial management; one (1) member shall be a representative of business management; one (1) member shall be a representative of organized labor; and one (1) member shall be representative of the general public. The initial appointments to the Board shall be as follows: two (2) members shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of two (2) years, and three (3) members shall be appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Members appointed to the Board shall serve without compensation. The Director shall be Secretary ex officio, without vote, of the Board.
(Ord. 2494, passed 5-12-1975)
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