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Health inspector Stein was asked to give a. report on the matter and stated <br />that he had followed the rer^ular procedure of the Health Denartment in this <br />case. A compalint was received by the Department and an inspection was made on <br />October 4th at which time three large piles of recent manure were found which <br />were heavily infested with fly larvae and, also, a very bad fly condition. A <br />notice was posted giving five days to correct the nuisance. On the 9th of Octo- <br />ber, another inspection was made and there was no chafe in the conditions. 1.1r. <br />Stein stated he had left a card statins, that Mr. I:Ie4 d hF.d requested a five day, <br />extension be granted the.operator. On October 16, another inspection was made. <br />and there was still no change in conditions. He stated he he.0 parked his car <br />fifty feet from_the location of the plant and tb.at it was black with flies.. He <br />said the plant was in violation of city ordinances end recommended that the <br />nugsance be abated. <br />P:Lr.'Scott said that his client informed him that at this time of the year <br />there were a great many flies but th--t they viould not last mare than two or thre, <br />weeks. He said that he believed the complaint had been made as the result of a; <br />so-called "nei;hborhood. quarrel" by a firm which had moved next to the fertili- <br />zer plant -recently. He also said this firm kn�r that it .ras locating next to a <br />fertilizer plant.. <br />Councilman Armstrong was of the opinion that the Health Inspector's report <br />could not be disregarded, stating that he was better fitted than the Council to <br />say rZiether it was a health menace or not. Mr. Scott asked v:nether it vas a <br />health menace or an ainoyflnde, to which Mr. Stein replied that aaly excessive fly <br />condition is a health menace and that there Tas an unusual condition in the <br />development of flies at this plant. <br />Councilman Armstrong moved that the Health Department be instructed to take <br />the necessary action to abate the nuisance. Councilman I1cNulty said that he <br />wanted to back the Health Department but that he believed if the operator were <br />given until the first of November to remove the nuisance that should be suffic- <br />ient time. Mayor Hilton was of the opinion that that woulc. be going against the <br />recommendation of the Health Department. Councilman G-= c:n­ er seconded the motion <br />Under the question, I:ir. Scot asked if the intent of the motion was to instruct <br />the Health Department to secure the arrest of Mr. Lliddlekauff. Mayor Hilton <br />answered that it was to carry out the n-oper procedure aazd abate the nuisance. <br />Councilman Armstrong; explained that his motion vias to refer the iiatter to the <br />Health Department to take .whateyer a-.ction is necess:-isy to enforce the health <br />code. llr. Scott said this was n 'threat to arrest and prosecute and that he did <br />not want his client arrested and wanted to know if the pourer of arrest was C.iven <br />the Health Department by this motion. Mr. Stein expl-ined that was the proce- <br />dure generally follovted iii all Citi• on the Peninsula. Councilnf n Grange_ askeal <br />the maker of the motion to refer the rantuter back to the Health Department ani: the: <br />owner be so notified that it has been referred to. the He ,,ltli Dena.. -t; not -and pli:c(-:d <br />on the agenda. If nothin;7 had. been dome to cor: ect tl-,e con,".1ti,-),1 by that tilae, <br />the necessary steps coins. be taken to abate the ir-iisance. Counc'l.laan AiTastrong <br />rotas not villin-, to change his motion ,aec7 the motion passes? tuianliaously. <br />J <br />