South Pasadena Municipal Code § 17.12 Exemption

Any person upon submittal of an application, payment of the appropriate processing fee which fee shall be in accordance with a fee schedule adopted by resolution of the city council and upon a showing that no technically or economically feasible alternative for such person’s use of an ozone-depleting compound is currently available, may apply for an exemption from any section or subsection of this article. The public works director, supported by findings based upon factors including but not limited to those factors identified below, shall recommend approval or denial of said exemption, with final action to be taken by the city council. The following factors are among those to be considered in submitting and considering any application for an exemption: (1) the technical, practical and economic viability of the alternative; (2) the health, safety and environmental impact of the alternative; (3) the length of time for which the exemption is sought and the length of time needed before a technically and economically feasible alternative can be implemented; (4) the measures already taken or to be taken by the applicant to minimize and/or eliminate the release of an ozone-depleting compound, including whether and when a reclamation and/or recycling system has been or is to be implemented, as well as the effectiveness of any such system; (5) the hardship that will result to the applicant in the event the exemption is not granted; (6) whether the applicant’s actions are consistent with the spirit and intent of this division. (Ord. No. 1969, § 2.)

(a) Each and every day a violation of this article continues to exist shall constitute a separate offense and violation, and each violation shall be punishable in accordance with the provisions of this section.

(b) Where a violation has occurred, the public works director shall cause a notice of violation to be sent to the violator. If the violator disputes the violation, he or she may appeal the notice of violation to the city manager by filing a written notice of appeal with the city clerk within fifteen days of service of the notice of violation. If requested by the violator, the city manager shall provide a hearing on the notice of violation within fifteen days of issuance of the notice of violation. Within fifteen days after a hearing on the notice of violation, the city manager, based on evidence presented, shall either confirm, modify or dismiss the notice of violation.

(c) Any violation of the provisions of this article shall be a misdemeanor.

(d) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be abated in accordance with applicable provisions of the municipal code. (Ord. No. 1969, § 2.)

If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional following a decision by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the article. The city council declares that it would have passed this article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any other portion of this article is subsequently declared invalid or unconstitutional. (Ord. No. 1969, § 2.)