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Filed in Clerk's Office <br /> 4 City of South Bend <br /> Corn m un it In vestm en t <br /> 3' Bianca Tirado <br /> City Clerk, South Bend, IN <br /> April 2,2025 <br /> Council Member Canneth Lee Council Member Troy Warner <br /> President Chairperson <br /> South Bend Common Council Community Investment Committee <br /> County-City Building,4th Floor South Bend Common Council <br /> South Bend, Indiana 46601 County-City Building,4th Floor <br /> South Bend, Indiana 46601 <br /> RE: Resolution to deny the issuance of Scrap Metal/Junk Dealers/Recycling Operation <br /> License pursuant to Section 4-51 of the South Bend Municipal Code. <br /> Dear President Lee and Council Member Warner, <br /> Please find the enclosed resolution to deny a license application by U.S. Scrap &Recycling LLC <br /> ("Applicant') for Scrap Metal/Junk Dealers/Recycling Operations at 1610 Circle Ave. This <br /> resolution is submitted for consideration by the Common Council in accordance with Section 4- <br /> 51(ex3)of the Municipal Code. <br /> Upon receipt, the license application was submitted to the Police Department, Fire Inspection <br /> Bureau, Neighborhood Services and Enforcement, and the Zoning Department for their reviews <br /> and recommendations. Applicant's property was inspected by said departments and received a <br /> favorable recommendation. Though said departments made a favorable recommendation, their <br /> recommendation must be taken together with all applicable requirements in the business licensing <br /> ordinance. <br /> Pursuant to the broader applicable ordinances,the Applicant's business license application should <br /> be denied.Under Sec.4-6,every licensee is required to "(4)Conduct the business in such a manner <br /> as not to create a nuisance or hazard to the public."Sec.4-16 provides that licenses can be refused, <br /> revoked,or suspended if a business is "Conducting the activity in such a manner as to constitute <br /> a breach of the peace or to constitute a menace to the health, safety, welfare of the public." <br /> Further,Sec.4-51(1x1)requires scrap metal dealers to "be maintained and operated in compliance <br /> with all applicable fire,health and public safety laws of the State and the provisions of this Code <br /> and other ordinances of the City." <br /> Applicant was cited by the Indiana Department of Environmental Management (IDEM) for <br /> numerous active violations of Indiana and Federal environmental law that regulates hazardous <br /> waste. A copy of relevant documents is attached. The applicable citations reveal that business <br /> activity is being conducted in a manner that does not comply with Sec. 4-51(1)(1), because said <br /> activities fail to comply with the health and public safety laws of the State. Further, Applicant's <br /> activities do not comply with Sec.4-5 I(lxl),because they are detrimental to the health,safety and <br /> welfare of the public. <br /> Excellence Visit Phone <br /> County-City Building 311 inside City limits <br /> Accountability 227 W Jefferson Blvd,Suite 1400 S (574)233-0311 outside City limits <br /> Innovation South Bend,IN 46601 <br /> Inclusion Em ail:311(uisouthbendin.Qov <br /> Empowerment Website:Southbendin.eov <br />