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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)
Notwithstanding any other provision of this ordinance, the Board may suspend the enforcement of the whole or any part of this ordinance in the case of any person who show that the enforcement thereof would be inequitable or unreasonable as to him, or the Board may suspend the enforcement thereof for any reason deemed by it to be sufficient to shows that the enforcement thereof would be an unreasonable hardship upon the person; and upon any suspension of the whole or any part of this ordinance, the Board shall grant to the person a variance therefrom.
(Ord. 2494, passed 5-12-1975)
In determining under what conditions and to what extent a variance may be granted, the Board shall give due recognition to the progress which the person requesting the variance has made in eliminating or preventing air pollution. The Board shall consider the reasonableness of granting a variance conditioned upon the person effecting a partial control of the particular air pollution or a progressive control of the air pollution over a period of time which it considers reasonable under all the circumstances; or the Board may prescribe other and different reasonable requirements with which the person receiving the variance shall comply.
(Ord. 2494, passed 5-12-1975)
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