(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE WRECKING ESTABLISHMENT. Any establishment, building, premises or other location where the business is carried on of wrecking old, used or second-hand automobiles, or other motor vehicles, and adding or employing the parts or accessories thereof in equipping, repairing or rebuilding motor vehicles, or storing, selling or otherwise disposing of such parts or accessories.
JUNKYARD. Any land or structure used for salvaging operations, including collecting, dismantling, storing, keeping, buying or selling wrecked, scrapped, ruined, dismantled, unlicenced or inoperative motor vehicles or vehicle parts.
(‘82 Code, § 5.18.010)
(B) License requirement. No automobile wrecking establishment shall be located, maintained or operated within the city unless the owner, operator or lessee of such establishment shall first obtain a license therefor.
(‘82 Code, § 5.18.020)
(C) License application; fee. Application shall be made in writing to the City Clerk and shall be accompanied by a bond in the penal sum of $1000, with such sureties as may be approved by the Council, conditioned upon the faithful compliance with the provisions of this chapter. The annual fee for such license shall be as set forth in the license fee schedule on file and available for public inspection in the office of the City Clerk. A corporation may be licensed under this chapter by application made under oath by its employee who is to manage or conduct such business. No license shall be issued to any person who is not of good moral character.
(‘82 Code, § 5.18.030)
(D) Screen requirement. No automobile wrecking establishment or junkyard shall be maintained or operated within the city unless the establishment shall erect a screen by natural objects, plantings, fences or other appropriate means so as not to be visible from the adjoining property, street or avenue from the establishment.
(E) Screening plan. No new license under this section shall be issued unless the appropriate screen as described herein has been installed by the applicant. All existing licenses under this section shall submit a plan drawn to scale indicating how screening is to be accomplished within 60 days from the date of this section becoming effective. Such plan shall show the construction details of the screening to be used. When fencing is used alone or in combination with plant material, the result shall provide screening within 30 days from the date the submitted plan is approved by the city. When planting is used alone or in combination with an earthen embankment, the number, type, size and spacing of the plants shall be capable of screening the junk entirely from view within five years from the date the plan is so approved. The ability of the proposed plant material to accomplish this goal shall be judged by the enforcing officer of the Zoning Code. The screening shall be located entirely on the owner's land. At no time after the screen is established shall the junk be stacked high enough to be visible above the screen. The licensee shall maintain the screening established initially, making all necessary repairs and maintenance to keep any fences, walls or other structural materials in good appearance. Any plant material used as screening shall be appropriately watered, cultivated and given any required maintenance to keep the planting in a good healthy condition. All dead plant material shall be replaced during the next spring or fall planting season following death. The acceptable screening materials shall include:
(1) Acceptable fencing materials. Subject to the approval of the zoning enforcing officer, acceptable fencing shall include fences of steel or other metals, durable woods such as tide water cypress, redwood or other wood treated with a preservative or walls of masonry. Some of the types acceptable are:
(a) Chain link type with aluminum, steel, plastic or wooden slat inserts;
(b) Wooden types of basket weave, palisade, louver or other suitable design;
(c) Walls of masonry, including plain or ornamental concrete block, brick, stone or other suitable design.
(d) The types of fencing and walls in subsections (a) through (c) are given for example only. Any other design of fencing constructed of other materials may by submitted for consideration.
(2) Plant material. Plant materials indicated on the plan shall specify the name of the plant materials used, the size at the time of planting and the spacing between plants. All plant material shall meet the requirements established by the American Nurserymen's Association, as shown in their publication entitled "American Standard for Nursery Stock". All plant material shall be taken from nurseries located within, or north of, Zone 6 of the climatic map as shown in Rehder's "Manual of Cultivated Trees and Shrubs," published in 1940. A copy of this climatic map is available at any district highway office. The minimum size of plant materials at the time of planting shall be as follows:
(a) Shade trees - One and one-half Caliper.
(b) Multi-stem trees - Five feet in height.
(c) Upright evergreens - Five feet in height.
(d) Low growing evergreens - 18 inches in height.
(e) Shrubs - 18 inches in height.
(F) Adjoining property owner consent requirement in residential district. No person, firm or corporation shall build, maintain, conduct or operate an automobile wrecking establishment in any block in the city where a majority of the houses abutting on both sides of the street in the block are used exclusively for residence purposes without first securing the written consent of the owners of a majority of the frontage abutting on such street on both sides within such block and in the manner provided in this code for securing such frontage consents; provided, however, that the provisions of this section requiring frontage consents shall not apply to businesses already established and doing business previous to the passage of the ordinance codified in this section.
(‘82 Code, § 5.18.040)
(G) Receiving or purchasing articles from minors. A licensee, under this section, shall not receive or purchase any article whatsoever from any minor person without the written consent of the parent or guardian of such minor.
(‘82 Code, § 5.18.050)
(H) Violating establishment declared nuisance. Any automobile wrecking establishment operated in this city contrary to the terms of this chapter is a nuisance.
(‘82 Code, § 5.18.060)
(I) Penalty. Failure to maintain the screening or to install the screening in the time required herein shall result in the revocation of the business auto wrecking establishment license and the zoning enforcing officer may apply for an injunction to cause the owner of the establishment to provide such maintenance or erect such screening. Any person or agent, employer or contractor or such person who violates, disobeys, omits, neglects or refuses to comply with or resists enforcement of any of the provisions of this section shall be subject to a fine of not more than $750, and each day a violation continues shall constitute a separate offense.
(Am. Ord. 909, passed 11-8-89)