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(a) Any other provisions of law to the contrary notwithstanding, if the Air Pollution Control Officer finds that a generalized condition of air pollution exists and that is creates an emergency requiring immediate action to protect human health or safety, the Air Pollution Control Officer, with the concurrence of the Commissioner of Air Pollution Control shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants. Upon issuance of any such order the Commissioner shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the Board. Not more than twenty-four hours after the commencement of such hearing, and without adjournment thereof, the Board shall affirm, modify or set aside the order of the Air Pollution Control Officer.
(b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) hereof, but if the Air Pollution Control Officer finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of Sections 1377.01, 1377.07 and 1377.11. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in subsection (a) hereof shall apply.
(c) Nothing in this section shall be construed to limit any power which the Mayor, or the Chief Executive Officer, of the City may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statutes, charter or constitutional provisions or inherent in the office. (Ord. 1970-69. Passed 7-28-70.)