(A) Circumstances warranting action against license. Upon information or belief or when the City Council determines that public interest so requires, it shall suspend or revoke the license of any salvage yard when it finds, after due investigation that:
(1) The salvage yard’s operator is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with public health, safety or public interest;
(2) The salvage yard operator has failed to comply with the provisions of this chapter or any provision of law applicable to the premises, equipment, or operation of the licensed business;
(3) The licensee has obtained his or her license through any fraud or misrepresentation;
(4) The licensed business or activity is being conducted in a manner detrimental to health, safety or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner; or
(5) The licensed business or activity is no longer being operated or carried on.
(B) Suspension. The license to operate a salvage yard may be suspended upon a City Council finding of a violation of any part of this chapter. The City Council shall conduct a hearing upon the suspension and give appropriate notice to all parties directly interested in the action under consideration. At such hearing, the Council shall determine whether the suspension of the license is in accordance with the provisions of this chapter and shall issue written findings of fact, conclusions of law and an order to carry out its findings and conclusions. These findings of fact and conclusions of law shall become part of the public record of the hearing. The length of suspension shall be no less than 30 days. The licensee shall not accept any new material into the salvage yard during the period of license suspension. The city reserves the right to cure a violation which in its judgement is determined to be detrimental to the health, safety or general welfare of the public or is a nuisance. The city shall assess the cost of the action to the licensee.
(C) Revocation. The license to operate a salvage yard shall be revoked by the City Council upon a Council finding of violation. At its discretion, the City Council may conduct a public hearing upon the revocation of the salvage yard license, in accordance with existing city policy.
(D) Reinstatement. Upon revocation of the license to operate a salvage yard, the license holder may request in writing that the license be reinstated. The request shall within 24 hours be forwarded to the Planning and Zoning Commission for investigation. A reinstatement fee shall accompany the request for reinstatement, which is treble the licensing fee. The Planning and Zoning Commission, Police Department, Fire Department and Health Officer shall conduct an investigation as outlined in this chapter and report its findings to the City Council before the next regularly scheduled meeting or as soon thereafter as possible. The City Council shall conduct a hearing on reinstatement of the license and give appropriate notice to all parties directly interested in the action under consideration.
(Ord. 234, passed 10-4-2000)