§ 8-17. Emergency condition.

(a)

Issuance of emergency order. Notwithstanding other provisions of this article, if the director has cause to believe that a generalized or specific condition of air pollution exists in any area of the city and that such condition creates an emergency requiring immediate action to protect human health or safety in such area, the director may order the person(s) causing or contributing to such condition to reduce or discontinue immediately the emission of such air contaminants into the ambient air. Such an order can be issued only with the written approval of the mayor, or the mayor pro tem in his absence. Upon receipt of any such order, the person(s) to whom it is directed shall immediately comply with such order(s).

(b)

Board action. Upon issuance of any such emergency order, the director shall refer the matter to the board immediately. The board shall fix a time and place for a hearing to be held before the board not later than 48 hours after the issuance of the emergency order or such longer time as the persons to whom the order is directed may agree to investigate and determine the factors causing or contributing to such emergency condition. All persons whose interests are prejudiced or affected in any manner by such order shall have the right to appear in person or by counsel at the hearing and to present evidence relative to the facts giving rise to such emergency order. Within 24 hours after completion of the hearing, the board shall affirm, modify or set aside the director's emergency orders as the board deems appropriate. Thereupon the board shall notify all parties appearing in person or by counsel of its determination in writing, by certified mail.

(Code of Gen. Ords. 1967, § 18.99; Ord. No. 36539, 4-3-69; Ord. No. 41255, 6-9-72; Ord. No. 56726, 8-2-84; Ord. No. 960782, § A, 8-8-96)