Loading...
HomeMy WebLinkAboutordinance.council.059-85 ORDINANCE NO. ~-~ (Series of 1985) AN ORDINANCE ESTABLISHING THE CLEAN AIR BOARD; DESCRIBING THE COMPOSITION OF THE BOARD, THE TERMS AND QUALIFICATIONS OF ITS MEMBERS, AND LISTING THE POWERS AND DUTIES OF THE BOARD; AND DESIGNATING THE DIRECTOR OF ENVIRONMENTAL HEALTH WITH THE AUTHOR- ITY TO GRANT OR DENY EXTENSIONS TO THE 15 FOOT LIMITATION SET FORTH IN SECTION 11-4.3(a) OF THE CITY OF ASPEN CLEAN INDOOR AIR ACT WHEREAS, pursuant to Section 8.1 of the City Charter of the City of Aspen, the City desires to constitute and establish the "Clean Air Board" with the authority to hear such matters as brought before it pursuant to Chapter 11 of the Municipal Code of the City of Aspen and such other matters as the City Council may deem appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Establishment of the Clean Air Review Board. There is hereby established the Clean Air Board for the City of Aspen, Colorado, which board shall serve at the pleasure of the City Council. Section 2. Composition; Term; Qualifications. The Board shall be constituted as follows: (a) The Clean Air Review Board shall consist of three (3) members who shall serve overlapping three (3) year terms and one (1) alternate member who shall also serve a three (3) year term. The members and alternate member of the Board shall be appointed by the City Council. (b) The initial term of appointments for the appointees shall be made by the City Council as quickly as convenient to fill the following positions: 1 year term ending October 1, 1986 2 year term ending October 1, 1987~ ~n-~q 3 year term ending October 1, 1988 Alternate: 1 year term ending (c) Except for the initial term, and the filling of later vacancies, all terms of appointment shall be for three (3) year periods and the terms of all Board members shall commence as of October 1, 1985. (d) All members of the board shall serve at the pleasure of the City Council and may be removed by majority vote thereof. Section 3. Powers and duties. The Board is hereby empowered with the following duties and authority: 1. The Board shall constitute the City's ~omponent of the Aspen/Pitkin County "Clean Air Advisory Board" established accord- ing to Pitkin County Resolution 77-62 and amended by Pitkin County Resolutions 77-144 and 77-157 and Joint Resolution 79-130. 2. The Board shall act as the City Council's designee for the purpose of granting variances and conducting hearings pertain- ing to air quality standards and Section 11-4.8 of the City of Aspen Clean Indoor Air Act, and shall hear appeals from decisions of the Director of Environmental Health in connection with enforcement of the City of Aspen Clean Indoor Air Act. 2 3. In addition to the powers and authorities hereinabove enumerated, to recommend amendments to the Air Quality Standards and Regulations in effect in the City of Aspen. 4. To perform such other duties specifically assigned to it by the City Council of the City of Aspen. Section 4. Rules of procedure. (a) A quorum to transact the business of the Clean Air Review Board shall consist of three (3) members. The alternate may vote and serve as a member in the absence of a member. (b) At its first meeting (which shall be called by the City Manager), the Board shall elect a chairperson, vice chairperson, and secretary. (c) The Board shall establish regular meeting times and days. Special meetings may be called by the chairperson or at the request of any two (2) members on at least twenty-four (24) hour written notice to each member of the Board, provided that a spe- cial meeting may be held on shorter notice if all members of the Board waive notice in writing. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. (d) All regular and special meetings of the Board shall be open to the public except for executive sessions as are permitted by law. Citizens shall have a reasonable opportunity to be heard and all minutes and other records of actions of the Board shall be made available to the public. (e) The Board shall adopt bylaws for the conduct of its business not inconsistent with this ordinance and the Charter and Municipal Code of the City of Aspen and shall adopt such rules of procedure as it deems necessary. Section 5 The Director of Environmental Health is hereby designated with the authority to grant or deny extensions of the 15' limita- tion set forth in Section 11-4.3(a) and make administrative deter- minations regarding the interpretation and applicability of the City of Aspen Clean Indoor Air Act. The Clean Air Board shall have authority to hear and decide appeals from any such decision or determination made by the Director of Environmental Health. Section 6. Severabilit~ If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held i~valid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7. Public heari~_~ A public hearing on the ordinance shall be held on the ~ day of ~ 1985, in the City Council Chambers, Aspen City Hall, ASpen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the /~/~ay of 1985. 4 ATTEST: : Kathr-yrt 8. ~'och, ¢~.ty Clerk i FINALLY adopted, passed and approved this c~~day of ~~ ........... , 1 985. . : :.. Will~am L. Stirling A~EST: at~7~[~*eh, City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, city Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on 1985, and published in the A_~, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of ~ /? 1985, and was finally adopted and approved at a regular meeting of the City Council on ~ , 1985, and ordered published as Ordinance No. ~.., Series of 1985, of said City as provided by law. IN WITNESS WI~EREOF, I .have hereunto set ~y_~ha~ t/he seal of said City of Aspen., Colorado this _/-<~~day of 1985. City Clerk SEAL Deputy City Clerk