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(a) Appointment. There is established in the City a board to be called the Industrial Pretreatment Advisory Board hereinafter referred to as "the Board," consisting of five members who are qualified by experience and training to pass on matters pertaining to industrial pretreatment and who shall be appointed by the Chief Appointing Authority. The Chief Appointing Authority shall designate one of the members to serve as Chairman.
(b) Term of Office. The Chief Appointing Authority of the City shall appoint one member of the Board for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years and one member for a term of five years. Upon expiration of the term of office of a member of the Board, his successor shall be appointed for a term of five years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Chief Appointing Authority of the City, render any such member liable to immediate removal from office by such Chief Appointing officer.
(c) Quorum. Four members of the Board shall constitute a quorum. In varying the application of any provision of this chapter or in modifying an order of the City Engineer, affirmative votes of three members shall be required. No member of the Board shall pass upon any question in which he, or any corporation in which he is a shareholder, is interested.
(d) Meetings and Records. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official action. Such minutes and such records shall be public records.
(e) Procedure. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this chapter.
(1) Any person aggrieved or the head of any agency of the City may take an appeal to the Board from any decision of the Engineer regarding industrial pretreatment.
(2) An appeal may be taken within thirty days from the date of the decision appealed by filing with the Engineer and with the Board a notice of appeal, specifying the grounds thereof, except that in the case of a system which, in the opinion of the Engineer, is unsafe or dangerous, the Engineer may in his order limit the time for such appeal to a shorter period. The Engineer shall forthwith transmit to the Board all the papers upon which the action appealed from was taken.
(3) Any person may request written interpretation of any ruling or section of the Industrial Pretreatment Program.
(g) Modifications and Variations by the Board.
(1) The Board, when so appealed to and after a public hearing, may recommend variations in the application of any provision of this chapter to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this chapter or public interest, or when, in its opinion, the interpretation of the Engineer should be modified or reversed.
(2) A recommendation of the Board to vary the application of any provision of this chapter, or to modify an order of the Engineer, shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor.
(h) Decision of the Board.
(1) The Board shall in every case make a recommendation without unreasonable or unnecessary delay. Every recommendation of the Board shall be in writing and shall indicate the vote upon the recommendation. Every recommendation shall be promptly filed in the office of the Clerk of the City Commission and City Engineer and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Engineer for two weeks after filing. The City Commission shall consider the Board's recommendation and within thirty days of its filing either accept or reject same.
(2) The Engineer shall take action immediately in accordance with the decision of the City Commission.
(i) Appeals from Decisions of the City Commission. A person aggrieved by a decision of the City Commission, whether previously a party to the proceeding or not, or an officer or Board, may, within fifteen days after the City Commission decision, apply to the appropriate court to correct errors of law in such decision in accordance with provisions of Ohio R.C. Chapter 2506 (Appeals from Orders of Administrative Officers and Agencies).
(Ord. 85-077. Passed 9-30-85.)