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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)
The Board may grant a variance from the provisions of this ordinance, and suspend the enforcement thereof as to any person who shows that in the case of the person and of the activity which the person then operates that a compliance by him with the provisions of this ordinance, and that the acquisition, installation, operation and maintenance of facilities and equipment required or necessary to accomplish the compliance, would constitute an undue hardship on the person and would be out of proportion to the benefits to be obtained thereby. A variance shall not be granted under the provisions of this section where the person applying thereof is causing air pollution which is injurious to the public health. Any variance granted shall not be construed as to relieve the person who shall receive it from any liability imposed by other law or the Board for maintenance of a nuisance.
(Ord. 2494, passed 5-12-1975)
Any variance granted pursuant to the provisions of this ordinance shall be granted for such period of time, not exceeding one year, as is specified by the Board at the time of granting it, but any variance may be continued from year to year. Any variance granted by the Board may be granted on the condition that the person receiving it shall make reports to the Board periodically, as the Board shall specify, as to the progress which the person has made toward reaching a compliance with the provisions of this ordinance.
(Ord. 2494, passed 5-12-1975)
If any section, subsection, paragraph, sentence, clause, phrase, or word contained in this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared to be severable.
(Ord. 2494, passed 5-12-1975)
That Ordinance No. 2205, entitled “An Ordinance to Control the Excessive Emission of Air Pollution Contaminants Within the Corporation Limits of the City of Flint and the Resultant Effect Upon the Public Health, Safety and Welfare and to Adopt a Comprehensive and Integrated Plan of Air Control Found by the City Commission of the City of Flint to be Necessary to the Public Health, Safety and Welfare to Reduce Air Pollution Caused by Excessive Soot, Cinders, Fly-Ash, Dust, Noxious Acids, Fumes, Gases and Other Air Contaminants, to provide tor the Enforcement Hereof, to Create an Air Pollution Appeals Board and to Prescribe its Powers and Duties, to Provide a Penalty for the Violation Hereof,” and to Repeal Ordinance No. 17, entitled “An Ordinance Regulating the Production or Emission of Smoke from any Chimney, Smoke Stack or Other Source Within the Corporation Limits of the City of Flint, and to Provide a Penalty for Violations Thereof, approved November 20, 1917, together with all amendments thereto,” approved April 13, 1970, is hereby repealed.
(Ord. 2494, passed 5-12-1975)
Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not exceeding three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days in the City or County Jail, or by both such fine and imprisonment, in the discretion of the Court. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this ordinance whether or not such penalty is re-enacted in the amendatory ordinance.
(Ord. 2494, passed 5-12-1975)