(A) Upon good cause shown by the owner of any noise source, the Chief of the Department of Air Pollution Control shall have the power to grant an exemption from the operation of this chapter in order to allow sufficient time for installation of needed control equipment, facilities or modifications to achieve compliance not to exceed 30 days. The exemption may be renewed for an additional like period, but only if satisfactory progress toward compliance is shown.
(B) Any person seeking an exemption shall file a petition with the Chief. The Chief shall promptly give written notice of the petition to any person who has in writing requested notice of the exemption petitions, and shall publish notice of the petition in a newspaper of general circulation within this municipality. If the Chief, in his or her discretion, concludes that a hearing would be advisable, or if any person files a written request for a hearing or a written objection to the grant of the exemption within 10 days of the notice provided herein, a hearing shall be held on the petition. A written transcript shall be kept of any hearing.
(C) In granting or denying an exemption, the Chief shall file and publish a written order, stating the facts and reasons leading to his or her decision.
(D) A decision by the Chief may be appealed to the Air Pollution Control Board, which shall render a decision binding on all parties subject to the appeal. The appeal hearing shall be open to the public. Any person may testify at the hearing, either in person or by duly authorized representative or attorney. All testimony shall be given under oath.
(Prior Code, § 97.04) (Ord. 4083, passed 3-24-1975)