Loading...
(A) All salvage yards or scrap processing operations as defined herein within the corporate limits of the city or within its extraterritorial jurisdiction who operate without the license required herein are declared to be a nuisance, and it shall be unlawful for any person to operate or permit the same to remain at any place within the corporate limits of the city or its extraterritorial jurisdiction.
(B) The city may apply to the county district court for an injunction to abate such nuisance and for such other relief as may be necessary, if proper.
(Prior Code, § 4-509) Penalty, see § 112.99
The Inspector or his or her authorized agent shall cause all businesses licensed under this chapter to be inspected at least once a year to determine whether such businesses are being operated in a lawful manner and in accordance with this chapter and all other applicable provisions of law.
(Prior Code, § 4-511)
The Inspector or his or her authorized agent may recommend to the City Council that the license may be revoked, denied or suspended, as he or she determines after due and diligent investigation that:
(A) The licensee has failed to comply with this chapter or any provision of law applicable to the premises, equipment or operation of the licensed business;
(B) The licensee has obtained his or her license through fraud or misstatement;
(C) The licensed business is being conducted in a manner detrimental to the health, safety or general welfare of the public, or is a nuisance, or is being operated in any unlawful manner; or
(D) The licensed business is no longer being operated by the licensee.
(Prior Code, § 4-512)
(A) Any person aggrieved by an order of the Inspector granting, denying, renewing or revoking a license for a proposed or existing business subject to the provisions of this chapter may file a written request for a hearing before the City Council within ten days after issuance of such order. The City Clerk shall give notice of public hearing upon this request to be held in not less than 30 days after service of the notice on the person requesting the hearing.
(B) The City Clerk may also give notice of the hearing to other persons directly interested in the order in question. At such hearing, the City Council shall determine whether the granting, denial, renewal or revocation of the license was 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, conclusions of law and order shall be filed with the City Clerk and served by the City Council upon all parties appearing or represented at said hearing.
(Prior Code, § 4-513)
(A) The provisions of this chapter shall not apply to used cars, trucks and machines in operating condition which may be displayed in a neat and orderly manner on premises for which a permit has been granted on any lot, portion of a lot or tract of land or any building or other premises used only to temporarily store and protect automobiles, trucks, semi-trailers or other vehicles towed from the scene of a traffic violation, accident or breakdown at the direction of a law enforcement officer or other owner or operator of the vehicle, until the vehicle is reclaimed or disposed of by the owner.
(B) (1) In any event, lots, portions of lots, tracts of land or other premises otherwise exempt from the provision of this chapter shall be fenced with a fence not less than eight feet in height from ground level with a solid fence or a chain link fence with inserted slats so as to screen the same from public view.
(2) Such fencing materials may consist of wood, metal or other material commonly used in the building trade and, if within the corporate limits of the city or its extraterritorial jurisdiction, shall comply with the municipal code for fences.
(Prior Code, § 4-514)
Whenever a nuisance exists, the city may proceed by a suit in equity to enjoin and abate the same in the manner provided by law. Whenever, in any action, it is established that a nuisance exists, the Court may, along with the fine or penalty imposed, enter an order of abatement as part of the judgment in the case. Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each such offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply. In addition to the penalty contained herein, the city may seek relief through abatement proceedings.
(Prior Code, § 4-510)