(a) Upon receipt of an application for a salvage yard operator's license as provided for herein, the Chairman of the Licensing Board shall furnish a copy of the application to each of the other members of the Board. The proposed or existing premises and equipment with which the salvage yard is being or is to be operated shall be examined by the other members of the Board or their designees.
(b) The Chief of the Police Division shall cause an investigation to be made to determine whether any of the persons listed in the application have on two or more occasions been convicted of a violation of Chapter 739, violations of Ohio R.C. Chapters 4737 or 4738, or other crime related to the business of salvage yard operator, within a period of five years preceding the filing of such application, and the Chief of the Police Division shall recommend that the license be issued only if the Chief of the Police Division finds that there have been fewer than two such convictions during the five year period.
(c) The Community Development Director shall recommend that the license be issued only if he finds that the land on which the business is located and any existing or proposed building or equipment which the salvage yard is being or is to be operated with, conform to the requirements of Chapter 739, the Building Code, and the Zoning Code.
(d) The Health Commissioner shall recommend that the license be issued only if he finds that the existing or proposed premises and equipment conform to the requirements of Chapter 739 and all applicable health laws and health ordinances which the Health Commissioner has jurisdiction to enforce. The Health Commissioner may qualify a recommendation that a salvage yard license be issued by requesting that the salvage yard license be made subject to conditions inserted in the license that the licensee maintain compliance with a plan adopted by both the Health Commissioner and the licensee to achieve the licensee's compliance with such health laws and health ordinances as the Health Commissioner enforces and which the licensee is not in full compliance with.
(Ord. 98-311. Passed 9-8-98.)
(e) The Chief of the Fire Division shall recommend that the license be issued only if he finds that the existing or proposed premises and equipment conform to the requirements of Chapter 739 and all applicable fire prevention laws and fire prevention ordinances of the City.
(f) No salvage yard operator's license shall be issued unless all members of the Licensing Board recommend that the license be issued. If any member of the Board recommends that a license not be issued, the Chairman shall immediately notify all of the members of the Board and shall also notify the applicant, in writing, of such disapproval and the grounds therefor, and simultaneously therewith the Chairman shall set the matter for a hearing before the Licensing Board on the question of whether or not the license should be issued. The Chairman shall give notice in writing of the date, time, and place of such hearing to the members of the Licensing Board and to the applicant, and such hearing shall be held within forty-five days after the filing of the application. At the conclusion of the hearing, the members of the Board shall vote on whether the Board shall recommend that a license be issued.
(g) If all of the members of the Licensing Board recommend that a license be issued, of if after the hearing described in subsection (f) hereof, a majority of the members of the Board recommend that a license be issued, the Chairman shall so notify the Department of Development within thirty days after the filing of the application, and request the Community Development Department to issue a salvage yard operator's license to the applicant if he finds:
(1) That the applicant has obtained a Certificate of Occupancy to the effect that the salvage yard will not be in violation of the Fire Code, Building Code and the Zoning Code; and
(2) That the applicant has paid the fees, if any are due, provided for in the Building and Zoning Codes and in this chapter.
(Ord. 94-368. Passed 10-11-94.)
(h) The Chairman shall not request that a salvage yard operator's license be issued to the applicant if he finds:
(1) That the applicant has knowingly attempted to obtain his license through any fraud or misstatement; or
(2) That the business or activity is no longer being operated or carried on.
(i) The license as issued shall bear the following language on its face: "IMPORTANT. This license applies only to the premises indicated herein and authorizes the licensee to operate a salvage yard in a lawful place and manner only; it is not a substitute for, nor is it in lieu of, any Certificate of Occupancy, building permit, or any other certificate or permit that is now or may hereafter be required by law or ordinance, and it does not relieve the licensee of the responsibility to have all such required permits or certificates at all times and comply with all laws and ordinances affecting the above described business."
(j) The license as issued may have included thereon, in writing, such conditions as the Health Commissioner recommended in providing his qualified recommendation that a salvage license be issued to the applicant.
(Ord. 98-311. Passed 9-8-98.)
(k) The Community Development Department shall keep a record of all applications filed and all licenses issued in accordance with this section.
(Ord. 94-368. Passed 10-11-94.)