01-11 Moratorium on permits for installation of solid fuel burning appliances

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 1/18/11. rLACED ON 2ND READING 2/7/11. ORDINANCE N0. ''=11 BY; Bullock, Butler, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force at the earliest period allowed by law, to place a moratorium on the granting of permits for the installation of solid fuel burning appliances designed for connection to a central heating system. for a period not to exceed nine months in order to allow Council and the Administration to review the impact of the installation and use of such devices on the community and environment. WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are. for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS SO and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that there are multiple solid fuel burning appliances being used as a primary source of heat within the City of Lakewood already which are generating complaints from residents alleging poor air quality and the creation of nuisance conditions and therefore, this moratorium is necessary to protect those neighborhoods until further review of the impact of installation and use of such devices can be conducted. Now Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, OHIO Section i. Council hereby approves a moratorium of the granting of permits for the installation of solid fuel burning appliances designed for connection to a central heating system for a temporary period of time while it undertakes a review and/or study of the impact of the installation and use of such devices on the community and environment. Section 3. No permit for the installation of any solid fuel burning appliance which is designed for the connection to a central heating system shall be granted to a property owner for the period of this moratorium. No valid existing solid fuel burning appliance designed for connection to a central heating system may be expanded to provide a source of hot water, or for other purposes, for the duration of the moratorium. 3733827v3