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Inspections of motor vehicle junkyards or business to ascertain compliance with their applicable ordinance requirements shall be conducted by the fire, police, city services and planning and development departments upon application for a license to operate such a yard or business and/or upon application for renewal of such license. Failure to pass any of the inspections shall constitute grounds for denial of the issuance of such license. Reasons for such denial shall be made in writing and tendered to the applicant.
(1964 Code, § 22-20) (Ord. 6702, § 1, passed 7-31-1972; Ord. 10661, § 1, passed 8-28-1990; Ord. 17522, § 5, passed 4-24-2007)
(a) The building official shall issue a license to operate a motor vehicle junkyard or business upon presentation of a certificate of occupancy and written approvals by the fire, police, city services and planning and development departments, following the inspections required in § 20-295. Such license shall be issued in the name of the applicant and shall not be transferable. The annual fee for such license shall be in an amount established by the city council. The license shall be renewed on or before the anniversary date of the last issuance.
(b) Such license may be revoked by the building official upon the rendition of a final judgment in any court of competent jurisdiction against the licensee for the unlawful operation of such yard or business. No such license shall be reissued prior to the passage of six months following such rendition.
(1964 Code, § 22-21) (Ord. 6702, § 1, passed 7-31-1972; Ord. 8819, § 1, passed 5-10-1983; Ord. 10661, § 1, passed 8-28-1990; Ord. 17522, § 5, passed 4-24-2007)
(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)
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