3412 - 33 Detrimine if coal yard on Sloan is a public nuisance

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ORDINANCE NO. 3412 by Mr. Hurd AN E~{HGENCY ordinance authorizing and directin~ the Director of Lzw to prosecute an action in the n~ of the City of Lake~od to determine whether or not the operation cf a coal yard loc~ ed et Sloan Avenue and ~est Clifton ~oulev~rd by the Valley Ca~ Coal Company constitutes a continuing public nuisance. WHEREAS con,plaints have been received from delegations of citizens l~ving in the vicinity of a coal yard located at Slosh Avenue and West Clifton Boulevard,'complainin~ that by reason of the dirt, dust and refuse cre~ ed ~hereby and thrown in the air and cast upon the property of others Xn the Vicinity~ and that by reason cf the noise from She operation of e~ulpment thereon and the switch- ing of Cars,~sal~ coal yard as sc operated hca ~eeome a continuing public nuisance, ~etrimental to the public health and oausi~ damage tc proper~yin the ~tcini~y and should be abated$ and · HEP~A~, an emergency exists for the immediate Preservation of the public health and to provide f~r the usual daily operation cf a municipal department~ NOW THerEFORE, be it ordained hy the Council of the City of Lakewood, S~ate of Ohio, two-thLrds of all men. era concurring$ ~ ~ectionl. : That the DL~ec~o~ of Law be, and he! is h~reby directed andauthorised to prosecute an action in the n~e of the City of Lakewcod against The Valley Camp Ooal Company or othe~ parties interested to determine whether or not the operation of its yard located at Slosh Avenue and ~est Clifton Boulevard as p~esently operated, constitutes a continuing public n~i~nce, and should therefore be ebbed, SectiOn 2; For ~he purpose of paying costs and expenses of said action other than attorney's fees, there is hereby app~'opriated the sum of $ -0- f~om any funds not otherwise appropri~ted, and the Director of Finance lshereby authorized to pay said costs and expenses of said action On'vouchers approved by the Director of Law payable f~om the ~ENERAL fund. " Section 3. ~nia o~dinance is hereby declared to be an emergency measur~ for reasons stated in the preamble hereof~ and shall be effective forthwith upon its passage and approval by the Mayor, // .... Adopted~ July 17, 1~, ...... Morris H? Phillips ~ President Approved~.,, A.,I. Ksuffman H.A. Rees ~.' Mayor ' ' .... Clerk~ '"