06/23/87 Board of Public Works Minutes

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REGULAR MEETING JUNE 23, 1987 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the offer as outlined above was referred to the City Engineer for negotiation of the terms of the sale. PUBLIC HEARING AND CONTINUANCE - RECOMMENDATION FOR REVOCATION OF RUBBISH AND GARBAGE REMOVAL LICENSE - TOMMY SWINSON Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the recommendation of Mr. Michael L. Vance, Director, Administration and Finance, that the Rubbish and Garbage Removal License issued to Mr. Tommy Swinson, 615 Wenger Street, South Bend, Indiana on April 28, 1987 be revoked. Board Attorney Thomas Bodnar inquired of Mr. Swinson, who was present at the meeting, whether or not he received the letter which was sent to him regarding the Board's Public Hearing set for this date in regards to the revocation of his Rubbish and Garbage Removal license. Mr. Swinson stated that he did receive the letter on June 16, 1987. Attorney Bodnar further advised that the letter was sent to Mr. Swinson by regular mail. However, pursuant to the City ordinance requirements for proper notice of hearings, the letter should have been sent certified mail. Therefore, Attorney Bodnar advised Mr. Swinson that he had the right to request that a letter be sent to him by certified mail which would verify that Mr. Swinson was properly notified. Attorney Bodnar inquired of Mr. Swinson if he wanted to proceed with the hearing today and waive notice by certified mail. Mr. Swinson advised that he was willing to discuss the matter at this time. Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, informed Mr. Swinson that when he applied for his license he was advised, by letter from the City Controller, that the license would be approved but that the City had received complaints regarding the parking of the trash truck at the Wenger Street address with either partial or full loads of trash. Mrs. DeClercq further advised Mr. Swinson that the parking of the vehicle containing trash was in violation of ordinance requirements and that violation needs to be corrected. Mrs. DeClercq further stated that her department has been monitoring the situation since the license was issued and the truck continues to be parked on the street loaded with trash. Therefore, the purpose of the Public Hearing today is to discuss this violation and whether the license should be revoked. Mr. Swinson stated that he understood what Mrs. DeClercq outlined above. He further stated that he believes the problem with the truck parked on the street is the result of the fact that he has an old trash truck which he parked in the street in front of his residence to do some repair work on. As the work could not be completed by the end of the day and the truck could not be driven in its condition, he left it on the street overnight. After it was repaired, Mr. Swinson advised that he parked it in the rear of his property and he continues to park it in the rear. Mrs. DeClercq advised Mr. Swinson that the problem is that parking the vehicle either on the street or in the rear with a load of trash is in violation of the ordinance as the truck cannot be parked in either spot with trash in it. That is why the Department of Code Enforcement has been monitoring the situation. Mr. Swinson informed the members of the Board that if he picks up a load of trash at 4:00 p.m. he cannot drive to Bremen, Indiana, by 4:30 p.m, to unload the truck. He therefore has to keep it until 8:00 a.m. the next morning.