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Home My WebLink About9888-08 Amend Chapter 4, Article 4, Section 4-51 and Section 4-6. To place oversight responsibility with the City Clerk forORDINANCE No. saaa.oa Passed by the Common Council of the City of South Bead, Indiana December 8, Attest: 20 08 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana December 9, President of Common Council 2008 City Clerk Approved and signed by me December 10 , 20 0 8 ~t'`"`" Mayor ORDINANCE NO. _ ~ ~"~ ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS STATEMENT OF PURPOSE AND INTENT Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code regulates the issuance of licenses to scrap metal dealers, junk dealers, valuable metal dealers and recycling operations. The current procedure requires the Department of Administration and Finance to perform various administrative tasks in the licensing process. To better serve the public, many of the administrative tasks involved in this license process can be performed by the City Clerk. This Ordinance transfers administrative oversight tasks of Chapter 4, Article 4, Section 4-51 from the Department of Administration and Finance to the Office of the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 4, Article 4, Section 4-51(d)(1) shall be amended to read as follows: (d) Application; zoning restrictions. (1) An application for a license under this section shall be filed with the Office of the City Clerk and it shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junkyard, or recycling operation. Filing of this Application with the Office of the City Clerk shall satisfythe requirements of Section 4-6 of this Chapter. Section II. Chapter 4, Article 4, Section 4-51(e) shall be amended to read as follows: (e) Approvals required. (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junkyard, or recycling operation at a location not previously licensed, the Office of the City Clerk shall upon receipt date-stamp the application and immediately submit the application to the Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and also provide notice of the filing of said application via email to the f'~~ef tne-E~~=-~~k Department of Administration and Finance and the Common Council. The bureau and Department of Code Enforcement shall cause the premises where such proposed scrap or junkyard, or recycling operation is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. All inspections must be completed by the Code Enforcement and the Fire Department's Fire Prevention Bureau within ten (10) business days of the receipt of an application by the City. (2) The application shall also be referred to the South Bend Police Department for review and recommendation. The Police Department shall conduct an investigation of each applicant and make a recommendation ~'^-~ as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department shall be attached to the application €e~he ~:a°~^*~^^ ^r and forwarded to the Office of the City r^~~_ Clerk. 'T~n~-^~t~e--~'~-~=t~~er-s~~co~Ta~~e rccvixxrne$dut16"' ^~ rh° D.,1:~~~°„r "~l .,11~ , T~vic ,,,b,°tl,°.- •1,° .,..r,l;.,.,r;., x},.,,,1.1 1.° ., .,.,t°rl (3) The Office of the City Clerk shall forward to the Common Council President with a copy to the City Controller, the recommendation of the Police Department, and all information provided with or in support of the application in determining whether the a~nlication should be granted. Upon receipt of the implication and comments or recommendations of the South Bend Departments of Police, Fire and Code Enforcement, the Common Council by resolution shall improve or disapprove such application at its next regular meeting_ CD *--cn~6~ri18'IY'-C"E~'11'~ 2'211~~'~1'CIT° ° ~•l„4;.ter. r:41, 41~,° ," .,r° f`..,,.,,,;1 Ct.,,,(1;,,.. r'.,.,,.,,:rr°° ., .,11 ~ ~.1, r ^l.,r;^„~ In the event that an applicant does not meet current Code requirements as evidenced in writing through the City Administration's inspection process, the l;ep~~~f ^,1...,:^~°*r^*~^~ ^a ~~^^^°° Office of the Cit~rk may Issue recommend an interim license for such an applicant, with notice being given to the ^f~~°° ~~ '''° City-C-Ierl~ Controller and the Common Council. The Controller may issue the interim license upon the Clerk's recommendation. Interim licenses shall expire within sixty (60) days, unless the applicant can prove to the Office of the City Clerk that there are extenuating circumstances requiring an extension, which shall require notice to the City Clerk and Council of the date of expiration. Section III. Chapter 4, Article 4, Section 4-51(f)(1) shall be amended to read as follows: (f) License procedure; posting of license required. . In determining whether to approve and adopt a resolution fie-adapted to issue a permit under this Section, the Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the surrounding area, as well as any comments or recommendations provided by the Fire Prevention Bureau, the Department of Code Enforcement, or the Board of Public Works. No license application shall be approved without the written approval endorsed upon the application by the Fire Prevention Bureau and Department of Code Enforcement. Section IV. Chapter 4, Article 4, Section 4-51(n) shall be amended to read as follows: (n) Applications to be filed. All persons required to be licensed under this section must file an application or renewal application with the Office of the Cit Clerk. Cale. Any specific requirements of the rules and regulations herein which cannot be met by the applicant due to unusual hardship, such as adverse weather conditions, may be granted a thirty-day grace period to complete such requirement(s), however such applicant shall be subject to complying with the interim licensing provisions during such period of time. Such additional time shall be upon proper resolution being petitioned for before the City Clerk's Office setting forth in detail the reasons needed for the additional time. The City Clerk's Office r,°~°~.m°~* °~ ^ a^~~-~~°*r^*~^n °^~' ~~r^^^° shall notify promptly the Department of Administration and Finance r'~*•~ r''°~L'° ^ff~^° of any such resolution being filed along with a recommendation about rg antin~ such interim license. In no event shall more than two (2) sixty-day interim license extensions be granted by the l~ii~e City Controller to any applicant in one (1) licensing year. Section V. Chapter 4, Article 4, Section 4-6(a) shall be amended to read as follows: Sec. 4-6. General duties of licensees. Every licensee and applicant for a license shall: (a) File an application or renewal application with the Office of the City Controller or, under Section 4-51, with the Cit Cy Jerk, and secure the proper license prior to starting a business, or before January 31 of each year for renewal applications. Section VI: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ,,,_,-~ Member of the mmon Council ......~. Present by me to the Mayor of the City of South Bend, Indiana on the ~ ice , 2Go ~ , at - ~U o'clock ~.m. ctfh day of ~~/Deputy ity Clerk proved and signed by me on the ~~ day oi; J.~-u~ ~~- 2 ~~, at /~~ / o'clock ~.m. ,~.~- Mayor, City of uth Bend, Indiana ~ st r~~~~!~ic < <" LSE og' .:-T ~~„;~ :OVER '.=; ~rcED PASSED- ~ Z_~. o g r ~ ' ~ r t~l: h Fise:pti~ t~ ~'~er~' 1 4.> >~1\eV~ f0!! 1 9 ~~ J,~.kiU VUOROE C;7Y CLERit, S0. Bc""!~°D, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 79-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Derek D. Dieter Chairperson, Committee of the Whole COUNTY-C1T'Y BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fax 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 4, Article 4, Section 4-51 And Section 4-6 Of the South Bend Municipal Code To Place Responsibility For Certain Tasks with the City Clerk for Licensees of Scrap Metal, Junk, Valuable Metal And Recycling Operations Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring duties regarding certain tasks related to licensing of Scrap Metal, Junk, Valuable Metal and Recycling Operations to the City Clerk's office. This transfer of duties is necessary for efficient City operations and due to the reduction in staff in the Department of Administration and Finance. will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. Fi'¢d fn ~Eerk'~ C~isc8 NOV 1 g ~ JQ!~N ti'GOnW>. CITY CLE~'K, S0. %ri~iD, IN. Sincerely, M. Catherine Fanello Controller JANICE L. ):3ALI. JOHN MURPI-IY RosERTALLEN ii, / DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~ Y~l HUMAN RESOURCES INFORMATION TECHNOLOGY ~~/