(a) The license of a salvage yard operator may be suspended for a period of time specified by the Housing and Zoning Inspector or revoked by the Housing and Zoning Inspector for failure to comply with the provisions of Chapter 708. However, such suspension or revocation shall not take place until the Housing and Zoning Inspector shall have first notified the salvage yard operator, calling specific attention to the infraction of Chapter 708, and affording a minimum of fifteen (15) days to correct such infractions, except in the case of an emergency order as hereinafter provided. Such notice shall:
(1) Be put in writing [on an appropriate form];
(2) Include a list of violations, referring to the subsections violated, and order remedial action which, if taken, will effect compliance with the provisions of such subsection;
(3) Specify a reasonable time for compliance, except in the case of an emergency order as hereinafter provided;
(4) Advise the salvage yard operator of the procedure for appeal;
(5) Be served upon the salvage yard operator. Such notice and order shall be deemed to be properly served upon such salvage yard operator if a copy thereof is personally delivered or sent by certified or registered mail to such salvage yard operator at the address on file with the Housing and Zoning Office or as stated in the salvage yard operator’s application and a copy of the notice is posted in a conspicuous place or in or on the premises.
(b) If the Housing and Zoning Inspector determines that the public interest so requires or that a public nuisance is being maintained, he may recommend to the City Manager that a revocation or suspension of the license of any salvage dealer be issued. The basis for such revocation or suspension includes, but is not limited to the following:
(1) The licensee or his agent is not operating the business in a manner consistent with public health, safety or welfare or is operating a public nuisance;
(2) The licensee has failed to comply with the provision of this Chapter, that statutes of the State of Ohio or any provision of law applicable to the premises, equipment or operation of the licensed business;
(3) The licensee has obtained his license through fraud or misstatement;
(4) The licensed business or activity has ceased or is no longer operating.
(c) Whenever the Housing and Zoning Inspector finds that an emergency exists which requires immediate action to protect the health and safety of the public or the health and safety of the employees of a salvage yard operator, he may, after having made a good faith effort to give the salvage yard operator at least one hour advance notice of his intended action issue an order reciting the existence of the emergency and suspend forthwith the license of a salvage yard operator. Notwithstanding any other provision hereof, any such order or order shall be effective immediately and complied within the time and manner prescribed in the emergency order.
(Ord. 92-03. Passed 12-29-03.)