08/22/88 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING AUGUST 22, 1988 Mr. Jurek stated that he lives in the neighborhood and that the Rum Village Neighborhood Association is a group of people who have nothing better to do than pick on other people and that he too has been the subject of their harassment. Mr. Caldwell advised Mr. Jurek that the Rum Village Neighborhood Association is not the focus of the Hearing today and that complaints were received from neighbors living in the area who may or may not be members of the Association. The bottom line is that Bud's Wrecker Service is not being a good neighbor to others in the area. There being no one else present wishing to speak regarding this matter, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski indicated that it appears that the Board has a number of options it may exercise and inquired of Board Attorney Marva Leonard -Dent what those options are in this matter. Ms. Dent briefly summarized Section 4-16 of the Municipal Code regarding the refusal to issue or suspension or revocation of a license and the applicant's right to a hearing and advised that after proper notice is given to the applicant and a hearing conducted, the license can be revoked or suspended for fraud, wilful violations of terms of the license, wilful activity in violation of a statue or provision of the code related to the licensed business or breach of peace. She stated that as the Board heard in testimony, there is no dispute to the statements made regarding the violations. Mr. Leszczynski inquired of Mr. Burger if he had any plans to abate the nuisance. Mr. Burger stated that he does and that he continues to get rid of cars thereby making more available space. He indicated that he has been trying to get titles for cars and they have to sit until the state responds. He further indicated that other towing companies have not been picking up cars because their storage lots are also full. Mrs. DeClercq acknowledged that getting the titles from the state is a problem in that there is a delay but that if a violation exists it is the City's obligation to follow through. Therefore, Mrs. DeClercq made a motion that the Board take this matter under advisement for a period of sixty (60) days during which time the City would monitor Mr. Burger's operation and if they are in substantial compliance with the ordinance that information would be submitted to the Board for consideration or if violations continue to occur, the Board could take stronger measures at that time. Ms. Humphreys seconded the motion and it carried. Mr. Leszczynski reiterated to Mr. Burger that this is a serious matter and that he has sixty (60) days to correct the problems. He further advised Mr. Burger that if his storage space is insufficient he either must pull less cars or find more space. Mr. Burger stated that he understands that he can conduct his business and for the next sixty (60) days the operation will be monitored and all problems should be resolved within that time limit. Mr. James Wensits, Reporter, South Bend Tribune, inquired if there was some condition that is creating the increase of vehicles being towed. Mrs. DeClercq advised that there are more vehicles being towed and that all junk yards are having difficulty with storage. She stated that the State is slow in getting information back on the vehicles. However, that does not relieve the junk yards of their obligation to be in compliance with the City ordinance.