08/22/88 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING AUGUST 22, 1988 determine whether the Automotive Repair and Service Center license of Bud's Wrecker Service, 1515 South Walnut Street, South Bend, Indiana, should be suspended. Ms. Manier further advised that a license can be suspended or revoked for one of a number of reasons. In this particular case, the following apply: - any wilful violation of a term or condition of a license; - any wilful activity in violation of a statute or provision of the Code related to the licensed business She further advised that on August 17, 1988, Bud's Wrecker Service, 1515 South Walnut Street received Notice of Intent to Suspend/Revoke their Automotive Repair and Service Center license. The Notice identified reasons for this action, specifically the parking upon sidewalks which is in violation of Section 4-20(F)(6) of the Municipal Code. Ms. Manier submitted Exhibit A which was a copy of Section 4-16 of the South Bend Municipal Code, Exhibit B which was a copy of the August 17, 1988 Notice sent to Bud's Wrecker Service and Exhibit C which was Section 4-20 of the South Bend Municipal Code licensing ordinance regarding Automotive Repair and Service Centers. At this time, Ms. Manier advised that she wished to present the testimony of Mr. Wade A. Yoder, Jr., Administrative Services Director, Department of Code Enforcement. In response to questions from Ms. Manier, Mr. Yoder advised that he is familiar with the Bud's Wrecker Service operation and the contents of the City's file on this operation. He advised that there have been numerous and continuous violations of parking on the right-of- way, blocking sidewalks and automotive parts and wrecked vehicles strewn in the area. Mr. Yoder identified Exhibit D as a copy of a letter which he sent to Mr. Jim Burger of Bud's Wrecker Service dated January 15, 1988, after Mr. Burger applied for an Auto- motive Repair and Service Center license. The letter pointed out existing violations. In response to Ms. Manier's inquiry, Mr. Yoder advised that the problem was resolved at that time. Mr. Yoder further identified Exhibit E as an Inter -Office Memorandum from Mr. Yoder to Mr. John Leisenring, Deputy Controller, dated July 8, 1988 pointing out the continued problem of vehicles parked on the sidewalk at Bud's Wrecker Service. Further, in response to Ms. Manier's inquiry, Mr. Yoder stated that the problems are not isolated but are continual. Ms. Manier submitted Exhibit F which was identified by Mr. Yoder as an inspection report that was completed by Inspector Blanche Ray in 1987 indicating that vehicles were parking on the treelawn and right-of-way at the Bud's Wrecker Service operation. Mr. Yoder identified Exhibit G which was a copy of a letter sent by him to Mr. Jim Burger, Bud's Wrecker Service on October 5, 1987 outlining the violations that were present at the business operation which included parking on the sidewalk. Photographs identified as Exhibits H-K were then identified by Mr. Yoder as follows: Exhibit H - August, 1987 Picture of the front gate with car parked on the sidewalk at Bud's Wrecker Service Exhibit I - June 30, 1987 Picture of cars parked on the sidewalk at Bud's Wrecker Service Exhibit J - July 7, 1988 Picture of the gate area indicating vehicles driven over the sidewalk at Bud's Wrecker Service