HomeMy WebLinkAbout5127-25 Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC RESOLUTION No . 5127-25
Passed by the Common Council of the City of South Bend,Indiana
April 14, 25
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Attest: 2,014,014-----
City Clerk
Bianca L. Tirado
Attest: Y President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 15, 20 25
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Bianca L. Tirado
Approved and signed by me 1 J1( 2 ) 20 25
Mayor
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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.
Is denied in conformity with South Bend Municipal Code Section 4-51 and 4-16 as evidenced by
the Business License Administrator's communication to the City Clerk dated April 2, 2025.
SECTION II. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Canneth Lee ouncil President
South Bend Common Council
Attest:
Bianca L. Tirado, City erk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 15th day of April , 2025, at 12 o'clock
p.m.
$frta&tad
Bianca L. Tirado, City k
Office of the City Clerk
Approved and signed by me on the day of �• (
�3 ' , 2025, at o'clock
r.m.
Jame ueller, or
City f May
South Bend, Indiana