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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)
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)
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)
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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