5171-26 Resolution to Grant the Issuance of Conditional Scrap Metal / Junk Dealers / Recycling Operations Licenses

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SUBSTITUTE BILL NO. 26-14 RESOLUTION NO. 5171-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING ISSUANCE OF A CONDITIONAL SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code establishes licensing requirements for scrap metal dealers, junk dealers, and recycling operations, and expressly provides for the issuance of interim licenses and extensions thereof; and WHEREAS, Section 4-6 of the South Bend Municipal Code requires every licensee to conduct business in such a manner as not to create a nuisance or hazard to the public; and WHEREAS, Section 4-16 of the South Bend Municipal Code authorizes the refusal, suspension,or revocation of a business license where business activities constitute a menace to the health, safety, or welfare of the public; and WHEREAS, Section 4-51(1)(1)requires scrap metal dealers to be maintained and operated in compliance with all applicable fire, health, environmental, and public safety laws of the State and the ordinances of the City; and WHEREAS, the Business License Administrator has reviewed the license applications of: LKQ Pick Your Part Midwest, LLC— 1602 S. Lafayette Blvd. Big Bulldog Auto Parts—3700 S. Gertrude St. Alternative Two, LLC—700 W. Chippewa Avenue Republic Services—2500 Green Tech Dr. and received departmental reviews identifying outstanding compliance issues requiring remediation; and WHEREAS, the Common Council is authorized under Section 4-51(f)(1) to consider the effect and appropriateness of a scrap metal or junkyard operation upon the surrounding area; and WHEREAS, the Common Council finds that issuance of an interim, time-limited license is appropriate to allow the Applicant an opportunity to achieve full compliance while protecting the public health, safety, and welfare; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Interim License Granted. The Common Council hereby grants an interim scrap metal / junk dealer / recycling operations license to: LKQ Pick Your Part Midwest, LLC— 1602 S. Lafayette Blvd. Big Bulldog Auto Parts—3700 S. Gertrude St. Alternative Two, LLC—700 W. Chippewa Avenue Republic Services—2500 Green Tech Dr. The interim license is granted pursuant to Section 4-51 of the South Bend Municipal Code. This license is conditional and interim in nature and shall be valid for a period of 60 days from the effective date of this Resolution, unless earlier expired, suspended, or revoked as provided herein. SECTION II. Conditions of Operation. Issuance of these interim licenses is expressly subject to the Applicant(s) obtaining compliance with specific conditions.