11/03/87 Board of Public Works Minutes

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2� REGULAR MEETING NOVEMBER 3, 1987 Mr. Roger Bailey, 1719 South Taylor Street, South Bend, Indiana, advised the Board that he passes by this operation very frequently and the gate is always open and the business has been operating since February. Mrs. DeClercq advised that that is why the City went to Court regarding this matter as the Department does not have arrest powers in these types of situations. She informed those present that the Judge ruled in the City's favor regarding this matter and granted an injunction. She further advised that approximately three (3) weeks ago this matter again went to Court on a contempt hearing. Board Attorney Thomas Bodnar stated that the court will keep Mr. Smith from starting up his business again until the compliance issue is resolved and the Judge will lift the injunction when the City is satisfied that ordinance requirements are met. Mr. Paul Szalay, 1822 South Taylor Street, South Bend, Indiana, stated that whenever he goes by the operation, traffic is blocked and cars must wait for the tow trucks to move. Mr. Leszczynski and Mrs. DeClercq informed those present that these types of complaints should be turned in to the City at the time they are occurring. Mrs. DeClercq advised that a Department of Code Enforcement inspector previously monitored the area for this type of situation but no blocking of traffic was observed. Members of the Association were told that should they observe the scrap yard trucks blocking the street, the City should be notified as an inspector can be on the spot immediately to observe the situation. Therefore, Mrs. DeClercq made a motion that Resolution No. 33-1987 be sent to the Common Council with a favorable recommendation with the understanding that should South Bend Auto Parts fail to meet the conditions of the Letter of Commitment the Board will recommend the revocation of any license which has been issued. Mr. Vance seconded the motion, it carried, and the following Resolution No. 33-1987 was adopted: RESOLUTION NO. 33-1987 WHEREAS, a Scrap Metal/Junk Dealers/Transfer Station license application for the year 1987 has been received by the Board of Public Works; and WHEREAS, inspections of the property have been completed by the Department of Code Enforcement and the Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the Department of Code Enforcement and the Fire Prevention Bureau have found that such premises is fit and proper for the maintenance and operation of such business; and WHEREAS, Chapter 4, Article 4, Section 4-51 of the Municipal Code requires adoption of a Resolution of the Board of Public Works recommending the approval of the license application. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license application for the following be recommended favorably based upon the satisfactory review of the property by the Department of Code Enforcement and the Fire Prevention Bureau: South Bend Auto Parts 307 W. Calvert St.