(a) There is hereby created a Pollution Control Appeals Board, which shall be appointed by the Mayor and confirmed by a majority of Council.
(1) The Appeals Board shall consist of five members, who need not be residents of the City, and shall have the following qualifications, in addition to an adequate background in fields preferably relating to environmental problems:
A. One member shall be an attorney.
B. One member shall be an engineer.
C. One member shall be a representative of the general public.
D. One member shall be an acoustics consultant.
E. One member shall be a representative from industry.
F. Additional members, appointed at the discretion of the Mayor, may be representatives from any of the groups listed above.
(Ord. 188-04. Passed 3-23-04.)
(2) The members of the Board shall not have a substantial ownership interest in any business subject to regulation by the Pollution Control Code or engaged in the manufacture, sale or distribution of pollution control devices.
(3) Members appointed to fill vacancies shall have the same general qualifications required for their predecessors, and shall be appointed for the remainder of the unexpired term of office and shall be appointed in the same manner.
(4) One member of the Appeals Board shall serve for a term of one year; two for a term of two years; and two for a term of three years. Upon the expiration of any term, all succeeding terms shall be for a period of three years.
(5) Each member of the Board shall be paid twenty-five dollars ($25.00) for each meeting called for the purpose of hearing appeals.
(Ord. 46-93. Passed 2-2-93.)
(b) The Board shall elect its own chairman and secretary who shall serve for a one-year term. The Administrator shall provide such administrative services as may be required by the Board to enable it to perform its function.
(c) The Board shall prepare and promulgate its own rules of procedure, which shall be effective thirty days after publication in the Toledo City Journal and copies thereof shall be provided for distribution to the public. The Board shall keep a record of its proceedings which shall contain the vote of all members and official action taken. All hearings of the Board shall be open to the public and notice of such hearings shall be promulgated by the secretary of the Board in the form of a news release at least five days prior to the date of the hearing. A quorum of three members shall be required to conduct a hearing. If the required majority of members cannot concur in a finding or order, the Board shall be deemed to have affirmed the order of the Administrator with respect to the issue involved.
(Ord. 188-04. Passed 3-23-04.)
(d) The duties of the Board shall be to conduct hearings upon appeals from any final order of the Administrator. The chairman shall convene the Board and conduct the hearing in accordance with the provisions of this Code, and he shall have the authority to administer oaths.
(e) Any person who is the subject of a final order of the Administrator shall have the right to a review of such order by the Board, provided that the following jurisdictional requirements have been satisfied:
(1) Written notice of appeal must be received by the Administrator within ten days from the date of the final order, accompanied by a filing fee of two hundred fifty dollars ($250.00) as a deposit toward anticipated costs of the appeal.
(2) The notice of appeal shall contain the specific order appealed from, the grounds upon which the appeal is taken, and the relief requested.
(3) Upon receipt of the foregoing, the Administrator shall automatically stay the execution of the enforcement of his order pending the decision of the Board, provided that the Administrator has not certified that he has reasonable cause to believe that a public emergency exists.
(f) Upon perfection of a notice of appeal as heretofore provided, the Administrator shall forthwith notify the secretary of the Board thereof, and within ten days from the date of perfection of the appeal the Administrator shall file with the secretary a complete transcript of all the papers, testimony and evidence taken into consideration in issuing the order appealed from, together with a statement of the facts as found and the reasons for the order, and shall notify the Appellant of the transmittal and provide the Appellant with a copy of his statement. The costs of such transcript shall be taxed as part of the cost of the appeal.
(g) The secretary of the Board, upon receipt of the foregoing from the Administrator, shall forthwith notify the Chairman thereof, and shall transmit a copy of the documents on file to each member of the Board, if duplication is feasible. The chairman shall convene a hearing of the Board within twenty days from the date of receipt of the record from the Administrator, and notice of the hearing shall be served upon the appellants and the Administrator not less than seven days prior to the date of the hearing.
(h) The Board shall hear the appeal upon the transcript, however, the Board may permit additional evidence or oral arguments to be offered by any other person affected directly by the order.
(i) Within ten days after the hearing, the Board shall issue its findings of act that the order appealed from is or is not unconstitutional, illegal, arbitrary, capricious, unreasonable or unsupported by the preponderance of substantial, reliable and probative evidence on the whole record. Consistent with its findings, the Board may affirm, reverse, vacate, or modify the order appealed from, or remand the cause to the Administrator with instructions to enter an order or proceed in a manner consistent with the findings or opinion of the Board. No order of the Board shall conflict with the express purposes and provisions of this Code.
(j) The Board shall apportion the necessary costs of the proceedings between the parties in a reasonable manner, and order the same paid forthwith to the Treasurer of the City, or order the deposit refunded in whole or in part to the appellant.
(k) Any final decision of the Board shall not be effective until the expiration of the statutory period of ten days to enable either party to perfect an appeal to the Common Pleas Court of Lucas County, as provided by and under the authority of Ohio R.C. Chapter 2506.
(Ord. 646-80. Passed 9-16-80; Ord. 743-80. Passed 10-28-80.)