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' • . • . . • <br /> • <br /> • <br /> • <br /> 1 1. Any person who owns or is in possession of any property or <br /> 2 use, or any process or equipment, may make a request for a variance to <br /> 3 the Administrator as established in Section 7 for relief from any provision <br /> 4 of this ordinance governing the quality, nature, duration, or extent of <br /> 5 discharge of noise. The application shall be accompanied by such <br /> 6 information and data as the Administrator may require. <br /> 7 2. The City Council shall promulgate, and the Administrator <br /> 8 shall enforce the rules and regulations governing the application for and <br /> 9 granting of such variances, including hearings and notice. <br /> 10 b. A variance or its renewal shall not be the right of the applicant or holder <br /> 11 thereof, but shall be at the reasonable discretion of the Administrator. <br /> 12 c. No variance shall be granted pursuant to this section until the <br /> 13 Administrator has considered the relative interests of the applicant, other owners or <br /> 14 possessors of property likely to be affected by the noise, and the general public. <br /> 15 d. An implementation schedule for achieving compliance with this ordinance <br /> 16 shall be incorporated into any variance granted. <br /> 17 e. Variances granted pursuant to this ordinance may be renewed on terms <br /> 18 and conditions and for periods which would be appropriate on the initial granting of a <br /> 19 variance. No renewal shall be granted except on application made at least 60 days prior <br /> 20 to the expiration of the variance. <br /> 21 f. Any person aggrieved by the denial, grant, or terms and conditions on the <br /> 22 grant of an application or renewal of a variance by the Administrator may appeal such <br /> 23 decision under procedures set forth in Section 10 of this ordinance. <br /> 24 Section 10: Appeals. <br /> 25 a. RIGHT TO APPEAL. Any person aggrieved by an order, decision, ruling, <br /> 26 or interpretation by the Administrator, including a variance decision, may file an appeal <br /> 27 in writing with the Board of Adjustment (established by EMC 19.70.010) within a period <br /> 28 of time set by the Board. Any appeal of an order, decision, ruling, or interpretation by <br /> 29 the Administrator may be affirmed, reversed or modified in the Board's final order. The <br /> 30 decision of the Board shall be final, and the appellant and the Administrator bound <br /> 31 <br /> 32 Page -13- <br />