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Flint, MI Code of Ordinances
CITY OF FLINT, MICHIGAN CODE OF ORDINANCES
PART I. CHARTER
PART II. THE CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS*
CHAPTER 2: ADMINISTRATION*
CHAPTER 3: ADVERTISING AND SIGNS
CHAPTER 4: AIR POLLUTION CONTROL
§ 4-1 INTENT AND PURPOSE.
§ 4-2 DEFINITIONS.
§ 4-3 INSTALLATION PERMIT REQUIRED.
§ 4-4 INFORMATION REQUIRED ON APPLICATION FOR INSTALLATION PERMIT.
§ 4-5 AUTHORITY OF AGENTS.
§ 4-6 PROCESSING OF APPLICATIONS AND ISSUANCE OR DENIAL OF PERMITS.
§ 4-7 CERTIFICATE OF OPERATION.
§ 4-8 PERMIT SYSTEM EXEMPTIONS.
§ 4-9 STANDARDS FOR DENSITY OF EMISSIONS.
§ 4-10 GRADING VISIBLE EMISSIONS.
§ 4-11 FUGITIVE AIR CONTAMINANT EMISSIONS.
§ 4-12 OBJECTIONABLE ODOR PROHIBITED.
§ 4-13 OPEN BURNING.
§ 4-14 EMISSION OF PARTICULATE MATTERS.
§ 4-15 AIR CONTAMINANT OR WATER VAPOR, WHEN PROHIBITED.
§ 4-16 DILUTING AND CONCEALING EMISSIONS.
§ 4-17 MALFUNCTION OF EQUIPMENT; SCHEDULED MAINTENANCE; REPORTING.
§ 4-18 TESTS FOR APPROVAL OF CERTIFICATES OF OPERATION.
§ 4-19 NOTIFICATION AND REPORTS OF TESTS BY OWNER.
§ 4-20 TESTS BY DIRECTOR.
§ 4-21 METHODS AND PROCEDURES.
§ 4-22 AIR CLEANING DEVICES.
§ 4-23 COLLECTED AIR CONTAMINANTS.
§ 4-24 ENFORCEMENT.
§ 4-25 VIOLATION; INVESTIGATION AND COMPLAINT; VOLUNTARY AGREEMENTS; CONSENT ORDERS.
§ 4-26 ADDITIONAL POWERS OF DIRECTOR.
§ 4-27 AIR POLLUTION APPEAL BOARD.
§ 4-28 CONSIDERATION OF APPEALS.
§ 4-29 FILING OF APPEAL; NOTICE AND HEARING.
§ 4-30 COMPOSITION OF BOARD; APPOINTMENT, TERM, COMPENSATION OF MEMBERS; SECRETARY.
§ 4-31 ORGANIZATION, RULES, MEETINGS, MINUTES AND RECORDS OF BOARD.
§ 4-32 QUORUM OF BOARD; VOTE OF MAJORITY NECESSARY TO REVERSE DECISION AND THE LIKE; ENTERED UPON RECORD.
§ 4-33 DUTY OF CITY DEPARTMENTS TO ASSIST.
§ 4-34 APPLICATION FOR VARIANCES; FEE; PROCESSING APPLICATIONS.
§ 4-35 SUSPENSION OF ENFORCEMENT; REASONS; VARIANCE.
§ 4-36 FACTORS CONSIDERED IN GRANTING VARIANCE.
§ 4-37 GRANTING VARIANCE FOR HARDSHIP.
§ 4-38 PERIOD FOR WHICH VARIANCE GRANTED; REPORTS; CONDITIONS.
§ 4-39 REVOCATION OR MODIFICATION OF VARIANCE; PUBLIC HEARING; NOTICE.
§ 4-40 SEVERABILITY.
§ 4-41 REPEALER.
§ 4-42 PENALTIES.
CHAPTER 5: AIRPORT
CHAPTER 6: ALCOHOLIC LIQUOR SALES
CHAPTER 7: AMBULANCES
CHAPTER 8: AMUSEMENTS
CHAPTER 9: ANIMALS AND FOWL*
CHAPTER 10: AUCTIONS
CHAPTER 11: BUILDINGS
CHAPTER 12: BUSINESS AND OCCUPATIONS GENERALLY*
CHAPTER 13: CEMETERIES
CHAPTER 14: CIVIL DEFENSE AND DISASTER
CHAPTER 15: TELECOMMUNICATIONS SYSTEMS
CHAPTER 16: ELECTRICAL CODE
CHAPTER 17: FENCES
CHAPTER 18: TAXATION; FUNDS; PURCHASING*
CHAPTER 19: FIRE PROTECTION*
CHAPTER 20: RESERVED
CHAPTER 21: RESERVED
CHAPTER 22: HEATING
CHAPTER 23: RESERVED
CHAPTER 24: HOUSING
CHAPTER 25: RESERVED
CHAPTER 26: LICENSING FEES AND OTHER CHARGES
CHAPTER 27: RESERVED
CHAPTER 28: MOTOR VEHICLES AND TRAFFIC
CHAPTER 29: MUNICIPAL RETAIL AND WHOLESALE GROWERS’ MARKET
CHAPTER 30: NUISANCES*
CHAPTER 31: GENERAL OFFENSES*
CHAPTER 32: RESERVED
CHAPTER 33: PARKS
CHAPTER 34: RESERVED
CHAPTER 35: PERSONNEL*
CHAPTER 36: PLUMBING
CHAPTER 37: POLES AND WIRES
CHAPTER 38: RAILROADS
CHAPTER 39: REFUSE, GARBAGE AND WEEDS
CHAPTER 40: RESERVED
CHAPTER 41: SCHOOLS
CHAPTER 42: STREETS AND SIDEWALKS
CHAPTER 43: RESERVED
CHAPTER 44: RESERVED
CHAPTER 45: TREES AND SHRUBS
CHAPTER 46: UTILITIES*
CHAPTER 47: WARDS AND PRECINCTS
CHAPTER 48: WATERCRAFT
CHAPTER 49: WEIGHTS AND MEASURES
CHAPTER 50: ZONING*
APPENDIX: COMPILED ILLUSTRATIONS
TABLE OF SPECIAL ORDINANCES*
APPENDIX A
PART III: PARALLEL REFERENCES AND INDEX
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§ 4-26 ADDITIONAL POWERS OF DIRECTOR.
   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)
§ 4-27 AIR POLLUTION APPEAL BOARD.
   Any person taking exception to any decision, ruling, or order issued by the Director may appeal to the Air Pollution Appeal Board.
(Ord. 2494, passed 5-12-1975)
§ 4-28 CONSIDERATION OF APPEALS.
   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)
§ 4-29 FILING OF APPEAL; NOTICE AND HEARING.
   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)
§ 4-30 COMPOSITION OF BOARD; APPOINTMENT, TERM, COMPENSATION OF MEMBERS; SECRETARY.
   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)
§ 4-31 ORGANIZATION, RULES, MEETINGS, MINUTES AND RECORDS OF BOARD.
   The Board shall organize, elect its Chairperson, Vice-Chairperson and such other officers as they deem necessary or desirable, all of whom shall have voting privileges, and adopt rules for its own government in accordance with this ordinance. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine.
   Such Chairperson, or in his absence the Vice-Chairperson may administer oaths to all witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(Ord. 2494, passed 5-12-1975)
§ 4-32 QUORUM OF BOARD; VOTE OF MAJORITY NECESSARY TO REVERSE DECISION AND THE LIKE; ENTERED UPON RECORD.
   Five members of the Board shall constitute a quorum. The Board shall act by resolution or motion, and the concurring vote of the majority of the Board shall be necessary to reverse any decision, ruling or order of the Director, or to decide in favor of an applicant in any matter on which it is required to pass under this ordinance, or to the effect any variance from the requirements stipulated in this ordinance. The grounds of every such decision, ruling or order shall be set forth upon the record.
(Ord. 2494, passed 5-12-1975)
§ 4-33 DUTY OF CITY DEPARTMENTS TO ASSIST.
   The Board may call upon the several City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be reasonably be required.
(Ord. 2494, passed 5-12-1975)
§ 4-34 APPLICATION FOR VARIANCES; FEE; PROCESSING APPLICATIONS.
   Any person may apply to the Board for a variance from the provisions of this ordinance. Applications for variances shall be filed with the Secretary of the Board and shall be accompanied by an application fee. Said 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. Such application shall contain the name and address of the applicant, the premises and installation for which the variance is sought, a description of the installation, and the reason or reasons for seeking the variance.
   The Board shall process applications for variances in the same manner as an appeal from a decision, ruling or order of the Director.
(Ord. 2494, passed 5-12-1975; Ord. 3399, passed 2-8-1999)
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