HomeMy WebLinkAboutAmending Chapter 7 Scrap & Junk Dealers OrdinanceORDINANCE No. 6894 -81
Passed by the Common Council of the City of South Bend,
February 23, �9 81
K. GAMMON
Presented by me to the Mayor of the City of South Bend,
February 24 �9 81
Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me / P � C2 19 E
Clerk
ORDINANCE NO. Gl� q A -R]
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 5 OF
THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK
DEALERS ORDINANCE.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend recognizes the need
for reasonable regulations governing scrap and junk dealers in our
community.
Therefore,:the purpose of this ordinance is to clarify the licensing
procedures in this area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana as follows:
SECTION I. Chapter 7, Article 5, Section 7 -73 of the Municipal
Code of the City of South Bend,Indiana is hereby amended as follows:
Sec. 7 -73. Application; zoning restrictions.
(a) Any person who has not been previously licensed under this
article shall pick up an application from the Clerk of the Board
of Public Works. -An Said application €e- a- leense -wade- €his
art!�ele shall be completed and accompanied by a drawing or
diagram showing the property lines of the proposed scrap or junk
yard.
SECTION II. Chapter 7, Article 5, Section 7 -75 of the Municipal
Code of the City of South Bend, Indiana is amended as follows:
Sec. 7 -75. License issuance; procedure upon denial.
(a) Upon the approval of applications as provided by sections
7 -74 and 7- 77(b), the Clerk of the Board of Public Works shall
submit to the Board for its approval a resolution recommending
the issuance or renewal of the license. -Sueh- resolution -shall
be- st�Hx� € €�e� - €e -€ lie- Qe�ea- Eeaae € }- €e�- € €s- eeaside�a € €ex- - -�Pke
deela�a� }ea- a € -eke- Beamed- stall- �e- eeexted- eeaelas €ve- naless - €he-
Ee�ea- Eeane €l;- by- aeselt3 € €ea;- shall- disagg�e�e- the- Bea�drs
Eesela€} ea- a€- i€ s- aemt- Eegttlarly- sekeduled -mee €lag.- If the Board
of Public Works adopts such a resolution, it shall be submitted
to the Common Council along with a Resolution for the Council's
consideration. Inspection reports from the Fire Prevention
Bureau and Environmental Protection Office shall accompany the
Resolution.
(c) Any new.application for or-renewal of a scrap or junk yard
license shall be disapproved by the Fire Prevention Bureau and
the Environmental Protection Office if the applicant fails to meet
the requirements of this article and /or for the causes stated in
section 1 -18(a) of this Code.
(d) If the Fire Prevention Bureau and Environmental Protection
Office disapprove of the application or renewal of the license,
the applicant shall be notified of the disapproval and a hearing
shall be conducted before the Board of Public Works in
accordance with the procedure set forth in section 1 -18(b)
of this Code. The Common Council shall disapprove the
application if the applicant fails to meet the requirements
of this article and /or for the causes stated in section 1 -18(a)
of this Code.
SECTION III. Chapter 7, Article 5, Section 7 -77 of the Municipal
Code of the City of South Bend, Indiana, is amended as follows:
Sec. 7 -77. License renewal.
(a)
lst of
F.l
an
or
article. Appl4eat4er- €er- renewal- a € -a-44e the
e�4g4ral- l4eerie- eb�a4red- t�rde�- ti�4s- a��4ele- ii�all- be- xtade- w4th4r
th }� €p -f36 }- daps- €rex�- tine -da €e- a €- exg4�at4er- a €- €he- g�eeeed4rQ
annual -1 }eerie-
(b) Upon the receipt of a completed application for renewal of
mental Protection Office. The Fire Prevention Bureau and the
Environmental Protection Office shall send a written report o
(c)jb-} A license shall be renewed and issued by the Controller
upon receiving €ell&wing a favorable review and recommendation
by the Fire Prevention Bureau, a favorable review and recommenda-
tion by the Environmental Protection Office of the City, passage
of a resolution by the Board of Public Works, and passage of a
resolution of renewal by the Common Council.
SECTION IV. Chapter 7, Article 5, Section 7 -83 of the Municipal
Code of the City of South Bend, Indiana, is amended as follows:
Sec. 7 -83 Operation and Maintenance Rules and Regulations
unk or scrap stored in such yard, if
le. shall not be stored closer than
or
SECTION V. The ordinance shall be in full force and effect from
and after its passage by the Common Council, and approved by the Mayor.
a -9 -P J
NOT APPROVED
REFERRED
PASSED '* - a 3 - 8 1
FILED 19 CLE YS C NCE
Irene Gammon
CITY CURN, SWTH BEND, IND.
LEWIS A. McGANN
President
BEVERLIE J. BECK
Vice President
WALTER M. SZYMKOWIAK
Chairman,
Committee of the Whole
JOSEPH T. SERGE
First District
WALTER M. SZYMKOWIAK
Second District
BEVERLIE J. BECK
Third District
LEWIS A. MCGANN
Fourth District
ROBERT G. TAYLOR
Fifth District
WALTER T. KOPCZYNSKI
Stith District
BEVERLY D. CRONE
At Large
RICHARD C. DOMBROWSKI
At Large
JOHN VOORDE
At Large
CITY ®f SOUTH BEND
COMMON COUNCIL
441 COUNTY -CITY BUILDING
Members of the Common Council
4th Floor
County -City Building
South Bend,Indiana 46601
Dear Council Members:
SOUTH BEND, INDIANA 46601
January 30, 1981
AREA 219 284 -9321
The attached bill is submitted for the purpose of
clarifying the licensing procedures governing scrap and
junk yards.
The amendments strengthen the present ordinance by
requiring all reports from the Fire Prevention Bureau and
the Environmental Protection Office to be sent to the Common
Council with the Resolutions requesting a new license to be
issued, or a license to be renewed.
I seek your support of this bill.
Sincerely,
Richard C. Dombrowski
(dommii#rr �rpor#
0010 toe ldomama Moumil of i4p etta of emd4 Band:
Your Committee of the Whole
to whom was referred
A BILL AMENDING CHARTER 7, ARTICLE 5 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK
DEALERS ORDINANCE.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
IR6i ..... .......... CO.