(a) The Building Commissioner, upon the recommendation of the Chief of Police or the Building Commissioner may at any time revoke or suspend any license granted under the authority of this chapter for failure to comply with the terms of this chapter, or any of the laws or ordinances relating to the business so licensed.
(b) The Building Commissioner, upon the Commissioner's own initiative or upon the recommendation of the Chief of Police or the Building Commissioner, may at any time revoke or suspend any scrap metal processor license granted under the authority of this chapter 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 issued, including the provisions of this Chapter and applicable Building, Zoning or 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 issued is not in compliance any section of this Chapter.
(4) The statements contained in the Environmental Affidavit are found to be false or environmental contamination of the scrap metal processing facility is found.
(5) The license holder is not in current compliance with the payment of property taxes for the location of the licensed operation.
(6) There is found to be evidence of past failure to comply with statutes, ordinances, rules or regulations applicable to scrap metal processing facilities by the license holder.
(7) If the license holder is a corporation or partnership and any officer director, or partner of the applicant is found to have 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.
(8) 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.
(9) If any person actively engaged in the management or operation of the scrap metal processing facility for which the license is sought is found to have been guilty of any act or omission which would be cause for refusing or revoking a license issued to that person as an individual.
(c) The Building Commissioner, upon the Commissioner's own initiative or upon the recommendation of the Chief of Police, shall at any time revoke or suspend any license granted under the authority of this chapter if the applicant has been convicted of receiving stolen property.
(d) In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner, the applicant or licensee may appeal the Commissioner's action to the Board of Zoning Appeals. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the Commissioner's action. Within ten (10) days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. No notice of the hearing is required to be provided to adjoining property owners. The Board shall render a decision within ten (10) days of the conclusion of the hearing. The Board may sustain, disapprove or modify the Commissioner's action, and the Board's decision shall be final.
(e) In the absence of conditions posing an imminent threat to health, safety, or property, as determined by the Board of Zoning Appeals, applicants lawfully operating on the day prior to the effective date of this section or subject to revocation, suspension, or refusal to renew a license may continue operating during the pendency of an appeal under this section.
(Ord. 2007-145. Passed 10-2-07.)