Sec. 360.409. - Emergency proceedings.

(a) In the event a violation of Chapter 362 , Chapter 368 or Chapter 376 of an attainment plan or compliance plan or of the rules or an order of the Board creates an immediate health hazard or threatens immediate serious hazard to public health or threatens or causes serious, immediate and irreparable damage to human, animal or plant life or to property, the Director or the Board: (1) Shall have the power and authority to order immediate cessation of the operations causing these conditions. A person receiving an order for immediate cessation of operations shall immediately comply with the requirements of the order. It shall be unlawful for a person to fail or refuse to comply with an emergency order issued and served under the provisions of this paragraph. In the case of an emergency order issued by the Director, he shall inform the chairman of the Board, who shall call a special meeting of the Board within 24 hours after the issuance of the order. At the special meeting, the Board shall do either of the following: (i) Approve and confirm the emergency order issued by the Director. In confirming the Director's emergency, the Board may modify its terms or permit limited resumption of the operations which are the subject of the Director's order. If the order of the Board in confirming the Director's order, or if an order of the Board entered sua sponte, will have the effect of closing an entire facility, the Mayor shall concur in the Board's order before it becomes effective; however, the Mayor shall have 24 hours from the entry of the Board's order to express his concurrence or nonconcurrence, failing which his concurrence shall be presumed. In the event that the Mayor does not concur, the Board's order shall not become effective and the emergency order issued by the Director shall be dissolved. (ii) Disapprove the emergency order issued by the Director and dissolve it. (2) In the name of the City, may, immediately and without the necessity of a citation or a hearing upon a complaint before the Board, apply to the Circuit Court for a temporary or permanent injunction restraining and enjoining the offender from violating or continuing to violate the law or rule. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief. (b) No temporary injunction shall be granted pursuant to subsection (a)(2) of this Section which shall limit or prevent operations of an industrial manufacturing, processing or utility plant, unless at the hearing the plaintiff shall establish by clear, certain and convincing evidence that immediate and irreparable injuries will result to the public from the failure to grant the injunction. (c) If a temporary injunction is improvidently or erroneously sought, suit may be instituted against the City or its sureties on the bond. (Ord. 84-674-684, § 1)