Approving the Issuance of Scrap Dealer's License to Herman T. Williams, DBA South Main Auto Parts 1819 S. Main St.

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RESOLUTION NO. 998-82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP DEALER'S LICENSE TO HERMAN T. WILLIAMS, d/b/a/ SOUTH MAIN AUTO PARTS, 1819 SOUTH MAIN STREET, SOUTH BEND, INDIANA. WHEREAS, the Common Council of the City of South Bend recognizes the contributions that recycling operations make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of these facilities within the city; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of recycling/transfer stations; and WHEREAS, in accordance with Ordinance No. 6998-81 regulating the licensing of scrap yards in the City of South Bend, inspections were conducted by the Neighborhood Code Enforcement Office and the Fire Prevention Bureau of the property located at 1819 South Main Street, which property is in the process of being purchased by Herman T. Williams, d/b/a/ South Main Auto Parts; and WHEREAS, the above property has been operated as a scrap yard under a license issued on February 5 , 1982 , to South Bend Auto Parts, which ceases to exist, and continued operation of a scrap yard facility at this location is intended by Mr . Williams and, in fact, purchase of the property by Mr. Williams is contingent upon issuance of the appropriate license to him; and WHEREAS, no code violations on said property existed at the time of the inspection by the Neighborhood Code Enforcement Office on May 6 , 1982 (a copy of said inspection report is attached hereto) ; however , a recommendation was made by the Fire Prevention Bureau on May 13 , 1982 (a copy of which is attached hereto) that all hand fire extinguishers be checked and recharged if necessary since it appeared that some extinguishers had been used; and WHEREAS, since the purchase of the property by Mr . Williams is contingent upon issuance of an appropriate license, and since Mr . Williams does not as yet have access to the property in question, the Board of Public Works, at its meeting held on May 24 , 1982 , approved the issuance of a scrap dealer ' s license to South Main Auto Parts, subject to approval by the Common Council and compliance with the following requirements: 1 . Any recommendations and regulations regarding fire prevention and safety measures as indicated by the Fire Prevention Bureau; and 2. Establishment of a 15-foot buffer strip between the property lines and fencing which abuts public right-of-way, and any other changes necessary in fencing as a result of said buffer strip, which is a requirement for all new businesses or existing businesses which expand after July 1 , 1980 , as stipulated in Ordinance No. 6998-81 . Exhibit B, which is the proposed site plan, attached hereto and included herein, depicts the buffer strip to be established at said location. If weather prohibits the completion of the said buffer strip planting , this calendar year , a performance bond in an amount not less than $3 ,000 shall be filed with the Board of Public Works. 3 . Compliance with the operation and maintenance rules and regulations set forth in Municipal Code Section 4-51L.