§ 11-5. Recourse from actions of the Director of Health.

A. 

There is hereby created an Air Pollution Code Appeals Board which shall consist of the Chairman of the Common Council's Committee on Health, Safety and Welfare, the Fire Marshal of the City of Norwalk, the Commissioner of the Department of Public Works, an attorney appointed from the Norwalk-Wilton Bar Association, a member of the Planning Commission, a doctor of medicine appointed from the Norwalk Medical Society, the Building Inspector, and two members appointed from the Chamber of Commerce of the City of Norwalk, one shall be a graduate engineer and one from industry. All members of the Board shall be residents of the City of Norwalk. Those four members who serve on the Appeals Board other than by virtue of their holding one of the municipal offices or positions referred to herein shall be appointed by the Mayor with the approval of a majority of the Common Council. The term of office of such four members shall be for three years, except that the terms of such four members first appointed under this ordinance shall expire January 1, 1972. The Board shall elect from its own members a Chairman, who shall preside at meetings and hearings. The Recording Secretary shall be a stenographer assigned to the Board by the City Clerk.

B. 

Whenever the Director of Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance or standards established by the Board, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:

(1) 

Be in writing;

(2) 

Include a statement of the reason why it is being issued;

(3) 

Allow a reasonable time for the performance of any act it requires;

(4) 

Be served upon the owner or his agent, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him personally or if a copy thereof sent by registered or certified mail to his last known address is received by him; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state;

(5) 

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance and with rules and regulations adopted pursuant thereto.

C. 

Any person affected by any notice which had been issued in connection with enforcement of any provision of this ordinance may request and, upon the payment of $25 fee, payable to the Treasurer of the City of Norwalk, shall be granted a hearing on the matter before said Board of said ordinance; provided that such person shall file in the office of the Director of Health a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 20 days after the date the notice was served. Upon receipt of such petition, the Director of Health shall notify said Board and set a time and place for such hearing and shall give the petitioner five days' written notice thereof.

(1) 

At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified, extended or withdrawn or a variance granted.

(2) 

The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided that upon application of the petitioner the said Board may postpone the date of the hearing for a reasonable time beyond such thirty-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement, but in no event shall said hearing be postponed longer than 60 days.

(3) 

Such hearing shall be had before a panel of five or more members of said Board. Said panel, by a majority vote of those present, may sustain, modify or withdraw the notices; it may also grant an extension or variance in accordance with the following, conditions:

(a) 

The time for performance of any act required by the notice may be extended for not more than 12 months, subject to appropriate conditions and where the Board makes specific findings of fact based on evidence relating to the particular case;

(b) 

That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provision of this ordinance; and

(c) 

That such extension is in harmony with the general purpose and intent of this ordinance in securing the public health, environment, safety and general welfare.

(4) 

A variance may be granted in a specific case and from a specific provision of this ordinance, subject to appropriate conditions and where the Board makes specific findings of fact based on evidence relating to the particular case:

(a) 

That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provision;

(b) 

That the effect of the application of the provisions would be arbitrary in the specific case;

(c) 

That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and

(d) 

That such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, environment, safety and general welfare.

(5) 

If the notice is sustained, modified or extended, it shall become an order as so sustained, modified or extended. If the notice is withdrawn, the $25 fee shall be returned to the petitioner. Any notice served pursuant to violations of this ordinance shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served.

D. 

After a hearing in the case of any notice suspending any permit required by this ordinance, when such notice has been sustained by the said Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served.

E. 

The proceedings at such hearings, including the findings and decision of the Code Appeals Board, shall be summarized, reduced to writing by the Secretary, and entered as a matter of public record in the office of the Director of Public Health and open to reasonable public inspection. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Public Health or the Air Pollution Code Appeals Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.