5127-25 Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC

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BILL NO. 25-21 RESOLUTION NO. 5127-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR US SCRAP & RECYCLING LLC PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on April 2,2025,the Business License Administrator provided written notice to the City Clerk that the Scrap Metal Dealer/Junk Dealer/Recycling Operations Application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave. has been reviewed for the year 2025; and WHEREAS, the license application for the above-referenced business received favorable recommendations from reviewing departments, including the Police Department, the Fire Prevention Bureau, and Neighborhood Services and Enforcement; WHEREAS,based upon the review of the application,the Business License Administrator recommends denial of the Scrap Metal Dealer/Junk Dealer/Recycling Operations/Application for the above-referenced business on the basis that the application does not meet the requirements of the South Bend Municipal Code; WHEREAS, pursuant to Section 4-6, every business licensee is required to "(4) Conduct the business in such a manner as not to create a nuisance or hazard to the public"; WHEREAS, pursuant to Section 4-16 provides that licenses can be refused, revoked, or suspended if a business is "Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public"; WHEREAS, pursuant to Section 4-51(1)(1) scrap metal dealers must operate "in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City"; WHEREAS, Applicant was cited by the Indiana Department of Environmental Management (IDEM) for numerous active violations of Indiana and Federal environmental law that regulates hazardous waste; WHEREAS, relevant citations reveal that business activity is being conducted in a manner that does not comply with Sec. 4-51(1)(1), because said activities fail to comply with the health and public safety laws of the State, and does not comply with Sec. 4-51(1)(1), because it is detrimental to the health, safety and welfare of the public; WHEREAS,pursuant to Section 4-51(f)(1)the Common Council is permitted to "consider the effect or appropriateness of a scrap or junkyard upon the surrounding area"; WHEREAS,the nature of the violations committed upon Applicant's property indicate that Applicant's operations present a danger to the public; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave.