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781.06 Appeal rights.
781.07 Strict liability.
781.08 Severability.
781.99 Penalty.
EDITOR’S NOTE: Ordinance No. 10-2023, establishing Chapter 781, takes effect January 1, 2024.
As used in this chapter:
(a) “Automobile business operation” shall mean any person or entity whose principal business is the rental, leasing, or sale of motor vehicles or the repair, servicing, or repossession of motor vehicles, including but not limited to the repair, servicing, replacement, or installation of engine parts, body parts, batteries, glass, equipment, lubricants, or other components.
(b) “Automobile business operation permit” shall mean the permit issued by the Division of Housing and Building of the City of Lakewood pursuant to this chapter.
(c) “Controlled vehicle” shall mean any motor vehicle for rent, lease, or sale by an automobile business operation or taken into custody or control by an automobile business operation for the purpose of performing repairs, servicing, installations, repossession, shipment, transportation, or other disposition. “Controlled vehicle” shall not include a vehicle dropped off by a customer or third-party towing service after the close of business.
(d) “Division” shall mean the Division of Housing and Building of the City of Lakewood.
(e) “Motor vehicle” shall mean any automobile, truck, pick-up, van, sport utility vehicle, motorcycle, recreational vehicle, tractor, or other mode of motorized transportation on wheels.
(f) “Operator premises” shall mean the building or structure in which an automobile business operation provides or performs its principal services and the parking area contiguous with such building or structure.
(g) “Used or discarded parts” shall mean all motor vehicle parts, including tires and engine, body, glass, and accessory parts, disassembled or removed from a motor vehicle.
(Ord. 10-2023. Passed 6-20-23.)
(a) No person shall cause or allow an automobile business operation to perform any services in the City unless the operator or owner has obtained an automobile business operation permit.
(b) An application for an automobile business operation permit shall be submitted to the Division on a form prescribed by the Division.
(c) Within ten calendar days of receipt of the application and permit fee, the Division shall perform an inspection to ensure that the automobile business operation:
(1) Provides lined off-street parking spaces sufficient to park or store all controlled vehicles on operator premises away from doors, bays, and ways of vehicle ingress and egress;
(2) Stores or maintains all used or discarded parts within an enclosed building, structure, or bin or within a walled or fenced area on operator premises sufficient to shield from the sight of the public right-of-way;
(3) Has readily accessible building capacity to perform all repairs and servicing within an enclosed building or structure; and
(4) Complies with all provisions of this chapter.
(d) The Division may request information from the automobile business operation necessary to facilitate an inspection under this chapter.
(e) Within 30 calendar days of receipt of the application and permit fee and upon a finding of compliance with all provisions of this chapter, the Division shall issue the automobile business operation permit.
(f) The annual permit fee for an automobile business operation permit shall be $150 for each location used in the automobile business operation.
(g) An automobile business operation permit shall be effective on an annual basis, shall expire on June 30 of each year, and shall not be transferable.
(Ord. 10-2023. Passed 6-20-23.)
No automobile business operation shall:
(a) Park or store any controlled vehicle in any location other than (i) an enclosed building or structure, (ii) a lined parking space on operator premises, or (iii) a lot approved for accessory parking under Section 1161.03(a) of the Lakewood Codified Ordinances.
(b) Park or store any controlled vehicle on a public street or alley.
(Ord. 10-2023. Passed 6-20-23.)
(a) The Division may suspend an automobile business operation permit if it determines that the automobile business operation: (i) is in violation of or non-compliance with any section of this chapter, (ii) has refused to allow an inspection as provided for in this chapter, or (iii) has failed to produce information requested by the Division to enforce this chapter or to investigate a complaint. The Division may conduct an additional inspection at its discretion in response to a complaint or observed violation of any section of this chapter.
(b) The Division shall affix a written notice of the suspension upon the main entry door of the automobile business operation, which notice shall include the date of issuance and a brief description of the reason(s) for the suspension.
(c) Within five calendar days of receipt by the Division of written notice of remediation of the cause for suspension, the Division shall conduct a reinspection of the automobile business operation.
(d) The Division shall lift the suspension immediately if it determines that sufficient remediation and compliance have occurred. Absent such a determination by the Division, the suspension shall remain in effect.
(Ord. 10-2023. Passed 6-20-23.)
(a) The Division may revoke an automobile business operation permit if an automobile business operation (i) has been issued written notice of a suspension of its permit by the Division and (ii) has incurred two prior permit suspensions within 180 calendar days of the issuance of written notice of the current suspension by the Division.
(b) The Division shall affix a written notice of revocation upon the main entry door of the automobile business operation, which notice shall include the date of revocation and a brief description of the basis for the revocation.
(c) Upon the expiration of 30 calendar days after revocation of an automobile business operation permit, including any appeal period, an automobile business operation may reapply for a permit as provided for in this chapter.
(Ord. 10-2023. Passed 6-20-23.)
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