(a) Where a license under this division has been denied, the applicant may, within ten days of such denial, appeal such decision to the city council. Such appeal shall be in writing and shall be filed with the city secretary.
(b) In considering such appeal, the city council shall examine the results of the investigations, findings and conclusions of the applicable city staff, to include those of the fire, police, city services and planning and development departments; shall make or cause to be made such other investigations as it may consider necessary, including any hearings that it may determine desirable; shall determine whether or not in the interest of the safety, health, decency, comfort, convenience, necessity and welfare of the inhabitants of the city a requirement for the operation of such a business exists; shall determine whether or not the applicant is fit and proper to conduct such business; and may investigate the fitness of the stockholders and officers of any corporation making such application. The city council shall also consider the nature and development of surrounding property, the proximity of churches, schools, hospitals and public buildings and other places of public gatherings; the sufficiency in number of such other yards or businesses in the vicinity; the health, safety and general welfare of the public; and the suitability of the applicant to establish, maintain and operate such yards or businesses and receive a license therefor.
(c) If the city council finds that the convenience, necessity, welfare and comfort of the public require the operation of a motor vehicle junkyard and that the applicant is fit to conduct the business and that the requirements of this division have been met, it shall notify the applicant of its findings and direct the building official to issue such a license. If it finds that the public convenience, necessity, welfare and comfort do not require the operation of such business in the location applied for or that the applicant is not fit to conduct such business or that the requirements of this division have not been met, no license shall be issued to such applicant.
(1964 Code, § 22-22) (Ord. 6702, § 1, passed 7-31-1972; Ord. 10661, § 1, passed 8-28-1990; Ord. 17522, § 5, passed 4-24-2007)