717.05 LICENSING OF JUNK YARDS, MOTOR VEHICLE SALVAGE DEALERS, OR IMPOUND LOTS.
(a) Operation of Junk Yard. Motor Vehicle Salvage Business, or Impound Lot Without License Prohibited. No person shall operate or maintain a junk yard, motor vehicle salvage business, or impound lot within the Municipality unless they have first obtained a license issued under this section. No licensee shall operate or maintain a junk yard, motor vehicle salvage business, or impound lot in violation of the provisions of this chapter or any other chapter of this Municipality's Code.
(b) License Application; Renewal. Upon the filing of the application and bond, or renewal application, as herein provided, the Safety-Service Director may, upon his or her approval of such application after investigation and of such bond as to sufficiency of and the payment to the Municipality of the license fee herein provided, issue to the applicant a license to engage in business as provided in this chapter. Only legal nonconforming uses, as allowed by the Municipality's Code, specifically the Zoning Code, may apply for a license to operate a business under this chapter. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the business, the date of issuance and expiration of the license and the name and address of the licensee. The nonrefundable fee for a license application is two hundred dollars ($200.00). All licenses issued shall expire on January I following the date of issue. A license may be renewed from year to year upon paying the City a nonrefundable one hundred dollars ($100.00) for each such renewal application.
(c) Violation;, Loss of License. If the licensee is operating a business under this chapter in violation of the Municipality's Code, the Safety-Service Director shall issue a written notice of such violation(s), sent certified mail or delivered in person to the licensee or its agent, and shall include a specific time limit in which the licensee shall cure the violation(s). After such time limit has ended, the Safety-Service Director or his or her designee may inspect the business to verify that the violation(s) have been satisfactorily cured, and to inspect for any other violations. If the violation has not then been cured, criminal proceedings may be initiated against the licensee. as well as any equitable order providing for an injunction or other relief and all such other penalties' as provided herein. In addition, the licensee may be subject to all penalties and proceedings as contained in Section 717.08 herein.
Whenever a license has been revoked, the Safety-Service Director shall not issue another license to such licensee, to the husband or wife, or offspring of such licensee, or to any partnership or corporation of which such licensee is an officer or member unless a licensee should prevail on appeal.
If a licensee fails to renew its license by February 1, or if one's application has been denied, or if a licensee's license is revoked, or a licensee is awaiting the decision of an appeal under subsection (d) or a decision of a court action concerning the revocation of its license, the licensee shall cease business operation covered by this chapter until a valid license is obtained.
A failure to cease business operations may result in substantial penalties and criminal
prosecution (see Section 717.99). In addition, continuation of business operations in violation of this chapter shall constitute a nuisance.
In the event the licensee's license has been revoked, the licensee may attempt to obtain a re-instated license by appeal to the Architectural Review Board.
(d) Appeal of a Loss of License. In the event the Safety-Service Director revokes a valid license, or refuses to issue a renewal of a previously valid license, or denies one's application for a license, the licensee or applicant may appeal to a hearing before the Architectural Review Board (ARB). The appeal must be made in writing and submitted to the ARB within fifteen (15) days of the licensee's receipt or constructive receipt of written notice of its revoked license or denied application. The licensee's appeal must specifically include its name, location, violations charged against it, date the business first began operations, and all other relevant facts. The decision of the ARB is a final decision of the Municipality. The ARB may overturn a decision by the Safety-Service Director and require a license to be issued only if:
(1) The ARB unanimously determines that the Safety-Service Director has arbitrarily or capriciously decided to revoke or deny a license;
(2) The ARB determines by a majority that the licensee is in fact not in violation of the charges of the Safety-Service Director or of the grounds contained under subsection (e);
(3) The ARB determines by a majority that the licensee has adequately remedied the violations within the specified time frame [see subsection (c)], so that the licensee is no longer operating in violation of the Municipality's Code.
(e) Grounds for Denial or Revocation of License. In addition to other grounds provided in this chapter or as expounded by the Municipality, the renewal, or validity of an
existing license under this chapter may be denied or revoked upon any of the following: The applicant or licensee has:
(1) Made a false statement of material fact in its application;
(2) Is not in compliance with this chapter or any chapter in the Municipality's Code;
(3) Been guilty of a fraudulent act in connection with dealing junk or motor vehicles;
(4) Been charged of a felony in connection with the operation of the business;
(5) Failed an inspection of the business and not fully remedied the reason for such failure within the specified time limit;
(6) Been charged with two (2) or misdemeanors within any eighteen (18) month period;
(7) Been operating the business in such a manner so as to constitute a nuisance.
(f) Application. Application for a license to operate and maintain a business under this chapter, or for a renewal thereof, shall be made in writing on a form approved by the Safety-Service Director, accompanied by the proper fee, to the Safety-Service Director seeing forth: the name and address of the applicant; the location of the junk yard; if the applicant is a firm, partnership, or association, the names and addresses of each member; if the applicant is a corporation, the date and place of incorporation and the names and addresses of its officers and directors, a description of the fence to be used; and such other reasonable information as the Safety-Service Director deems necessary. The application shall be signed and sworn to by the
applicant.
(g) Inspection. At least twice annually the Safety-Service Director, or an officer or official appointed by the Safety-Service Director, such as the Building Planning Department, shall inspect every junk yard, salvage motor vehicle lot and impound lot that is located within the Municipality and for which a license has been issued, to obtain information with regard to whether the licensee's business has been and is being conducted in accordance with this section. An additional subsequent inspection shall be allowed to verify compliance with the Municipality's Code after a failed inspection or application for a license.
The Chief of Police may, for the purpose of public safety and enforcement of the Municipality's Code, have free access to the grounds and buildings used in the conduct of the business by the licensee. Such inspections may be made at any reasonable time, at the option of the Chief of Police, during the regular work hours of the licensee or between 8:00 a.m. and 5:00 p.m., Monday through Friday.
(h) Variance Request. In addition to the right of appeal to the Architectural Review Board as provided in this section, an applicant or individual or business entity subject to the restriction of this Chapter may file with the Architectural Review Board a written request for a variance from the literal interpretation of this Chapter. The procedures used by the Architectural Review Board in considering such variance requests are specified in Section 717.08 hereunder.
(Ord. 2002-71. Passed 12-10-02.)