3411 - 33 Determine if coal yard on Manor Pk is a public nuisance

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OBDINA~C~ NO. ~41I by Mr. Fahrenbach AN EM~I~GENCY ordinance authorizing and directLng the Director of Law to prosecute an action in the nane of the City of Lske~ to dateline whether o~ not ~e oper~tion of aooal ~d l~ated west of M~o~ Park ~d ~on~ the ~ow York, C~c~o & St. Louis Ral~d co~ titutes a c~nu~ng public nuisance. WHERE,, compl~nts ~ve been ~ece~ved at several council ~etings, fPom a large delegation of citizens l~v~ the vicinity of the co~ 2~d located l~ed~aYel2 west of Park and alo~ the New York, C~ago & ~t. Louis Railroad, ins that by ~eas~ ~ ~he dirt, dust and refuse created ther~y ~d thrown tnthe air ~d cast upon the property of others ~n the v~c~t2~ and by Peason of the noise f~om the operation of equip- ment thereon and the s~tchlng off oa~a duPi~ the n~t season~ said coal 2~d as so operated has become a continuing nulsanc~, detr~ental ~ the public health and causing d~e to private property In the vicinity ~d ~ould be abated~ a~ %?HEREAS, a commAttee of this council has made an investi- gation of this coal yard and finds that by reaSo~theraof and by reas°n of the numerous oomplaints from citizens a~ove referred to, an en~rgency exists f~ the immediate prese~vatioh of the public health and to provide for the usual daily operation of a municipal depar tmen t. · TI~F~RPX~0RE~ BE IT 0f, DAD~ED bY the Council of the 0ity of Lakcwood, Sta~e of 0h~o, twO~hlrds of all members thereof concurring,. Section 1,, That the Director of Law be and he is hel~e- by directed Md muthorIzed to prosecute an action in the name of the City of Lakewood against The Lakewood Coal & Coke Co. or other parties interested, to determine whether Or not the operation of its yard located ~est of Manor Park and along the Mew York,Chicago, & St. Louis ~lroad, as presently operated, constitutes a Continuing Public nuisance and should therefore be abated, Section ~, For the purpose of paying scats and expenses of said action other than attorney fees, there is hereby appropri- ated the sum of $200.00 from any funds not otherwise appropriated, and the Director of Finance is hereby authorized to pay e~l d costs and expenses of said action on vouchers approved by the Director of Law, payable from GENERAL fund. Section 3. This ordinance is hereby declared to be an emergenCY measure for reasons stated in the preamble hereof, and shall be effective forthwith upon its pass,ge and approval by the ~ayor · Adopted~ July 17, ,~resident Approvsd~ A.,I.,K.u~fman . It.A.Rees ... ' ' ~ayor " ~'rk