(a) Every applicant for a scrap metal processor license shall make application in writing to the Building Commissioner, which application shall set forth the name under which the business is to be conducted, the name of every person interested therein, and each location where the business is to be carried on or scrap metal is to be stored. The application shall also set forth a description of each vehicle used in the business, including license plate number. Such application shall also contain a statement stating whether the applicant has previously been convicted of receiving stolen property. Such application shall also contain an affidavit, signed by the applicant, and in a form prescribed by the Building Commissioner, to the effect that there is no environmental contamination of the premises for which the license is sought and:
(1) That the applicant has no history of criminal convictions or civil liability related to environmental conditions, other than those which resulted in a consent decree or decrees with which the applicant is now fully in compliance; or
(2) A demonstration that any such conviction or liability should not prevent the applicant from receiving a license (the "Environmental Affidavit"), and upon receipt of the license application, said application shall be transmitted to the Building Commissioner, who shall verify that any premises in which scrap metal is stored or which is used as a scrap metal processing facility has an applicable Certificate of Occupancy; and who shall inspect each premises listed thereon for compliance with applicable Building and Zoning Codes. The application shall also be transmitted to the Building Commissioner, who shall inspect the premises for compliance with the Health and other applicable codes. The Building Commissioner may require the applicant, at the applicant's own expense, to demonstrate that the statements contained in an Environmental Affidavit are true.
(b) The Building Commissioner shall disapprove any initial or renewal application for a scrap metal processor's license for any of the following reasons:
(1) Failure to be currently in compliance with any statute, ordinance, rule or regulation applicable to the conduct or maintenance of the operation, business or premises for which the license is sought, including the provisions of this Chapter and applicable Building, Zoning and Health Codes.
(2) Material information in the application is found to be false, misleading, or not included.
(3) The premises for which the license is sought is not in compliance with applicable Building and Zoning Codes.
(4) The statements contained in the Environmental Affidavit are false or Affidavit are false or the Commissioner of the Environment refuses to issue a statement of environmental compliance.
(5) The applicant has been convicted of receiving stolen property.
(6) The applicant is not in current compliance with the payment of property taxes for the premises for which the license is sought.
(c) The Building Commissioner may disapprove any initial or renewal application for a scrap metal processor's license for any of the following reasons:
(1) Evidence of past failure to comply with statutes, ordinances, rules or regulations applicable to scrap metal processing facilities by the applicant.
(2) Evidence of past incidents of receiving, retaining or disposing of property, knowing or having reasonable cause to believe that the property was obtained through commission of a theft offense.
(3) If the applicant is a corporation or partnership, and any officer, director, or partner of the applicant has been guilty of any act or omission which would be cause for refusing or revoking a license issued to the officer, director, or partner as an individual.
(4) If any person actively engaged in the management or operation of the scrap metal processing facility for which the license is sought has been guilty of any act or omission which would be cause for refusing or revoking a license issued to that person as an individual.
(Ord. 2007-145. Passed 10-2-07.)