Loading...
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMBUSTIBLE MATERIALS. Combustible, volatile flammable or explosive products, standing alone or combined with non-combustible or nonflammable products including without limitation magazines, books, trimmings from lawns, trees or flower gardens, leaves, pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, boxes and all materials that will ignite through contact with ignition sources or ordinary temperatures.
DAYS. Calendar days, unless otherwise specifically set forth in this subchapter.
EFFECTIVE DATE. The EFFECTIVE DATE of this subchapter shall be July 12, 2002.
FIRE CODE. The 2006 International Fire Code or other similar nationally or internationally recognized code or set of regulations as adopted by the city from time to time.
FIRE PREVENTION CODE OFFICIAL. The Fire Chief, the Fire Chief’s authorized representative or the official defined in the Fire Code as the FIRE PREVENTION CODE OFFICIAL.
IGNITION SOURCES. Open flames, hot ashes or cinders, smoldering coals, or greasy or oily substances susceptible to spontaneous ignition.
JUNK. Includes the following combustible and non-combustible materials:
(1) Scrap and old iron, steel, chain, brass, copper, magnesium, aluminum, tin, lead or other base metals;
(2) Refrigerators and refrigerator liners and all other domestic and commercial appliances;
(3) Scrap lumber, old rope, old bags, boxes, rags, newspaper, wastepaper, scraps of woolens, trimmings, leaves, clips, bagging and rubber and glass;
(4) Empty bottles of different kinds and sizes;
(5) Any wrecked or dilapidated motor vehicle or parts, engine or machinery received, stored or held for more than 90 days; and
(6) All articles and things discarded or no longer used as a manufactured article, composed of or consisting of any one or more of the materials or articles listed in divisions (1) through (5) of this definition.
JUNK DEALER. Any person or entity that primarily engages in the business of buying, selling, bartering or exchanging, or that collects, receives, stores or holds in possession for sale, barter or exchange, any junk.
JUNK YARD. Any premises in excess of one-half acre on which a junk dealer is engaged in the business of buying, selling, bartering, exchanging or collecting, receiving, storing or holding in possession for sale, barter or exchange, any junk; provided, however, that JUNK YARD shall not include a facility that operates as a center solely for recycling aluminum cans, glass bottles, plastic containers or other similar objects.
JUNK YARD LICENSE. A license issued for a junk yard pursuant to the provisions of this subchapter.
LICENSEE. Any person or entity that has been issued a junk yard license pursuant to the provisions of this subchapter.
REVIEWING DEPARTMENTS. The City Manager, the city’s Department of Community Development and the city’s Fire Department.
(1990 Code, § 14-301) (Ord. 02-2055, passed 7-1-2002; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)
(A) Junk yard license required. A junk yard license shall be required to establish, operate or maintain a junk yard within the city.
(B) Operation without license prohibited. Except as provided in division (F) of this section with regard to junk yards existing prior to the effective date of this subchapter, it shall be unlawful for any person not having a current and valid junk yard license to establish, operate or maintain a junk yard within the city at any time after the effective date of this subchapter.
(C) Operation in violation of license prohibited. It shall be unlawful for any licensee to establish, operate or maintain a junk yard within the city except in the manner authorized by, and in compliance with, the provisions of this subchapter and the licensee’s junk yard license.
(D) Content and display of license. Every junk yard license shall be provided by the city and shall, at a minimum, prominently state on its face the name of the licensee, the expiration date of the license and the address of the junk yard. Every junk yard licensee shall cause the licensee’s junk yard license to be displayed at all times in plain view in a conspicuous place so that it can be easily seen and read at any time by any person entering the junk yard.
(E) License term. Except as hereinafter provided, junk yard licenses shall be operative and valid, unless first terminated, suspended or revoked, for a term of one year commencing on January 1 of the year following the year of issuance and terminating on December 31 of that same year. Junk yard licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended or revoked, for a term commencing on the date of issuance and terminating on December 31 of that same year.
(F) Existing establishments.
(1) Application generally. A junk yard existing and operating on or prior to the effective date (“existing establishment”) may continue to exist and operate as of the effective date; provided, however, that an existing establishment shall submit an application for a junk yard license not later than 60 days after the effective date; shall cease operations not later than 120 days after the effective date (the “licensure date”), unless it has secured a junk yard license by the licensure date; and shall comply with, and continue at all times to comply with, the requirements of division (F)(2) of this section.
(G) Renewal. A junk yard license may be renewed only by making application as required for an initial license pursuant to § 110.089. Application for renewal shall be made at least 30 days before the expiration of the then-current license term. The expiration of the license shall not be affected or extended by a renewal application that is made less than 30 days before expiration.
(1990 Code, § 14-302) (Ord. 02-2055, passed 7-1-2002) Penalty, see § 110.999
(A) Required form.
(1) Form and execution. An application for a junk yard license, or the renewal thereof, shall be made in writing to the Fire Prevention Code Official on a form prescribed by the city and shall be signed by one of the following:
(a) The applicant, if the applicant is an individual;
(b) At least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture or any other type of organization where two or more persons share in the profits and liabilities of the organization;
(c) A duly authorized agent, if the applicant is a corporation; or
(d) The trustee, if the applicant is a land trust.
(2) Oath; additional information. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which a junk yard license is sought. Each initial or renewal application shall be accompanied by five identical copies.
(B) Administrative processing fee. Every applicant for a junk yard license or for the renewal of an existing junk yard license shall pay an administrative processing fee in the amount of $160 by certified check to the city at the time the application is filed. The administrative processing fee shall in all cases be a nonrefundable and shall be deposited in the general corporate fund of the city.
(C) Required information and documents. Each application shall include the following information and documents:
(1) General information.
(a) Individuals. If the applicant is an individual, the applicant shall provide the applicant’s legal name, business and home address, telephone number and Social Security number.
(b) Corporations. If the applicant is a corporation, the applicant shall provide the applicant corporation’s complete name and official business address; the legal name, business addresses and Social Security numbers of all of the directors, officers and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation’s date and place of incorporation; proof that the corporation is a corporation in good standing and authorized to conduct business in the state; and the name of the registered corporate agent and the address of the registered office for service of process.
(c) Other entities. If the applicant is a partnership (general or limited), joint venture or any other type of organization where two or more persons share in the profits of the organization, the applicant shall provide the organization’s complete name and official business address; the legal name, business addresses and Social Security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not the person is also obligated to share in the liabilities of the organization.
(d) Land trusts. If the applicant is a land trust, the applicant shall provide the applicant land trust’s complete name; the legal name and business address of the trustee of the land trust; the legal name, business addresses and Social Security numbers of each beneficiary of the land trust and the specific interest of each beneficiary in the land trust; and the interest, if any, that the land trust holds in the licensed premises.
(2) Managers. The name, business and home address and telephone number of the individual or individuals who shall be the day-to-day, on-site managers of the junk yard. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to division (C)(1)(a) of this section and § 110.089(A)(5);
(3) Nature of business. The general character and nature of the business of the applicant;
(4) Time of operation. The length of time that the applicant has been in the business of the character specified in response to division (C)(3) of this section;
(5) Location. The location, including street address and telephone number, of the premises for which the junk yard license is sought;
(6) Name. The specific name of the business that is to be operated under the junk yard license;
(7) Property owner. The identity of each fee simple owner of the licensed premises;
(8) Legal description. The legal description of the premises where the junk yard is to be located and a site plan prepared by a licensed engineer or surveyor, at a scale no greater than one inch: 20 feet, depicting the size and approximate location of each entrance and exit, fire lanes, principal buildings and structures, fencing and screening walls and locations for outside storage of junk;
(9) Other junk yard licenses. The name of each governmental body from which, within five years immediately prior to the date of the present application, the applicant, or any of the individuals identified in the application pursuant to division (C)(1) or (2) above, has received a license or other government authorization to conduct or operate a business substantially the same as a junk yard, and the names and addresses of each business; and
(10) Revocations. Whether the applicant, or any of the individuals identified in the application pursuant to division (C)(1) or (2) above, has had a license or other government authorization to conduct or operate a business substantially the same as a junk yard, revoked or suspended, and, if so, the date and grounds of each revocation or suspension, and the name and location of the junk yard at issue.
(D) Incomplete applications returned. Any application for a junk yard license that does not include all of the information and documents required pursuant to division (C) of this section and the administrative processing fee required pursuant to division (B) of this section, shall be deemed incomplete and shall not be acted on or processed by the city. The official shall, within five days of the submittal of an incomplete application, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(1990 Code, § 14-303) (Ord. 02-2055, passed 7-1-2002; Ord. 09-3263, passed 11-2-2009; Ord. 19-3599, passed 12-2-2019)
(A) Reviewing departments. Within three days after receipt of a complete application for a junk yard license that includes all of the information and documents required pursuant to § 110.087(C), and the administrative processing fee required pursuant to § 110.087(B), the official shall transmit a copy of the application to the reviewing departments.
(B) Reviewing department reports. Each of the reviewing departments shall, within 25 days after receipt of the application, or within any other period of time as the city and the applicant may otherwise agree:
(1) Review the application;
(2) Conduct inspections of the proposed licensed premises within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed junk yard and licensed premises comply with the requirements of this subchapter and other applicable laws and city ordinances and regulations; and
(3) Prepare and submit to the official a written report regarding the results and findings of the reviews, inspections and investigations.
(C) Fire Prevention Code Official review. The Fire Prevention Code Official shall also conduct inspections and investigations as the official shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed junk yard and licensed premises comply with the requirements of this subchapter and other applicable laws and city ordinances and regulations.
(D) Reliance on site plan. In the event that the licensed premises has not yet been constructed or reconstructed to accommodate the proposed junk yard, the official and the reviewing departments shall base their respective written reports, investigations and inspections to the extent necessary, on the diagram submitted pursuant to § 110.087(C)(8). Any junk yard license issued prior to the construction or reconstruction necessary to accommodate the proposed junk yard shall contain a condition that the junk yard shall not open for business until the licensed premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application.
(E) Applicant cooperation required. An applicant for a junk yard license shall cooperate fully in the inspections and investigations conducted by the official and the reviewing departments. The applicant’s failure or refusal to give any information reasonably relevant to the review of the application; to allow the proposed or existing junk yard to be inspected; or to otherwise cooperate with the investigation and inspection required by this subchapter, shall be grounds for denial of the license by the official.
(F) Time for issuance or denial. The official shall, within 30 days after submittal of a properly completed application, or within any other period of time as the city and the applicant may otherwise agree, either issue a junk yard license pursuant to the provisions of § 110.089(A) or deny issuance of the junk yard license pursuant to the provisions of § 110.089(B). The official shall issue or deny the license within the 30-day or other agreed-upon period, regardless of whether or not the official has received all of the reviewing department reports.
(G) Decision final. The action taken by the official to issue or deny a junk yard license pursuant, respectively, to § 110.089(A) or (B) shall be final and shall be subject to review pursuant to the Illinois Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(1990 Code, § 14-304) (Ord. 02-2055, passed 7-1-2002)
(A) Issuance. The official shall issue a junk yard license to an applicant if, but only if, the official finds and determines all of the following, based on the reports, investigations and inspections conducted by the official and the reviewing departments and on any other credible information on which it is reasonable for the official to rely:
(1) All information and documents required by this section for issuance of a junk yard license have been properly provided and the material statements made in the application are true and correct;
(2) No person identified in the application pursuant to § 110.087(C)(1), (2) or (7) is overdue on payment to the city of any taxes, fees, fines or penalties assessed against or imposed on the individual;
(3) No person identified in the application pursuant to § 110.090(C)(1), (2) or (7) has been convicted of, or pleaded nolo contendere to, any violation of a provision of this subchapter within five years immediately preceding the date of application;
(4) The junk yard, and the proposed operation of the junk yard, comply with all then-applicable Building, Health and Life Safety Codes and regulations and have received all necessary zoning approvals required pursuant to the provisions of Chapter 152, as amended from time to time; and
(5) The applicant has confirmed in writing and under oath as part of the application:
(a) That the applicant has read this subchapter and all provisions of this municipal code applicable to junk yards, including without limitation the provisions of the 2006 International Fire Code applicable to junk yards and activities conducted at junk yards;
(b) That the applicant is familiar with their terms and conditions; and
(c) That the licensed premises and the proposed junk yard and its proposed operation are and shall be in compliance therewith.
(B) Denial. If the official determines that the applicant has not met any one or more of the conditions set forth in division (A) of this section, then the official shall deny issuance of the junk yard license and shall give the applicant a written notification and explanation of the denial. The official’s notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant’s address as set forth in the application. The junk yard license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this section.
(C) License deemed denied. If the official does not issue or deny the junk yard license within the time period provided pursuant to § 110.088(F) of this subchapter, then the junk yard license applied for shall be deemed to have been denied.
(1990 Code, § 14-305) (Ord. 02-2055, passed 7-1-2002)
Loading...