9673-06 Amend Chapter 4 - Theft of Aluminum, Copper, and Related Items

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Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance Substitute Bill No. 12-06 Page S g_"O" Office District, ~~nu~~~ n,.^~ ~~;^,,.,~nro„~~~, r.,,-o,,;r+,.;^f~ h. LB Local Business District j-~z i. CB CommunityBusiness District ,j. CBD Central Business District k. GB General Business District unless such footage requirement is waived by specific resolution of the Common Council. Such resolution must incorporate one of the following considerations for such a waiver: that the majority of the business operation would take place within an enclosed structure, that the business would be located beyond one-half of the footage requirement or that a majority of the owners affected by the new business which are within the one thousand-foot requirement give approval. (3) The foregoing subsection (2) shall not apply to any scrap or junkyard licensed as of the effective date of this ordinance. If the license for the scrap or junkyard lapses for any period of time, is revoked or is not renewed for any reason, then the provisions of the foregoing subsection (2) shall apply to the scrap or junkyard. (e) Approvals Required.• (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junkyard, or recycling operation, ^r +r^^~~ r ~+^*~^^, at a location not previously licensed, the C--Ierk-er~' •~~~'.~~ Department of Administration and Finance shall won receipt date-stamp the application and immediately submit the application to the Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and also rp ovide notice of the filing of said application via email to the Office of the City Clerk and the Common Council. The Bureau and Department of Code Enforcement shall cause the premises where such proposed scrap or junkyard, or recycling operation is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. All inspections must be completed by the Code Enforcement and the Fire Department's Fire Prevention Bureau within ten L10) business days of the receipt of an application bkthe City. (2) The application shall also be referred to the South Bend Police Department for review and recommendation. The Police Department shall conduct an investigation of each applicant and make a recommendation to the Office of the City Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal histor~of the applicant, if any, and the likelihood that grantin tg he application will endanger the health, safe or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department shall be attached to the application for the consideration of the Office of the City Controller. The Office of the CitX Controller shall consider the recommendation of the Police Department, and all information provided with or in support of the application in determining whether the application should be ranted.