Chapter 5.20
AUTOMOBILE WRECKING ESTABLISHMENTS
Sections:
5.20.030 Application for license or permit—Receipt of license fee payment required.
5.20.040 Permit required prior to license issuance.
5.20.050 Investigation of permit applicant.
5.20.060 Issuance and duration of permit.
5.20.070 Revocation of license or permit.
5.20.080 Suspension of license or permit.
5.20.090 Contents of order showing why permit should not be revoked.
5.20.100 Duration of suspension.
5.20.110 Effect of revocation or suspension.
5.20.120 Regulation of premises where business conducted.
5.20.130 Use of premises in violation of chapter deemed nuisance—Abatement required.
5.20.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Automobile wrecking establishment” means any place wherein motor vehicles are wrecked for the purpose of obtaining parts, metal or material thereof for commercial or industrial use or resale, or on which such dismantled parts are stored or kept.
B. “Automobile wrecking parts establishment” means any place wherein dismantled or used parts of motor vehicles are stored or kept for sale to the general public. (Prior code § 6.1: Ord. 64 §§ l, 2)
5.20.020 Permit required.
It is unlawful for any person to establish or carry on any automobile wrecking establishment or automobile wrecked parts establishment in the city without the permit therefor as provided in this chapter. (Prior code § 6.6: Ord. 65 § 3)
5.20.030 Application for license or permit—Receipt of license fee payment required.
An application for a license or permit to establish or carry on any automobile wrecking establishment shall be made upon forms prescribed by the city council. The application for a permit or license shall be accompanied by a receipt from the tax and license collector showing that the applicant has deposited with the tax and license collector the amount of the license fee required under Section 5.04.260 for the type of business for which a permit is desired. (Prior code § 6.7: Ord. 64 § 9)
5.20.040 Permit required prior to license issuance.
In all cases where a permit is required by this chapter, no license shall be issued under Section 5.04.260 until the permit has been granted by the city council. (Prior code § 6.8: Ord. 64 § 10)
5.20.050 Investigation of permit applicant.
The city council, before issuing any permit provided for in this chapter, shall investigate the character, integrity and business responsibility of the applicant, the proposed location of the business and the use of other property in the vicinity of the proposed location. No permit shall be granted by the city council unless the business is within the proper district under the zoning chapter of the city. (Prior code § 6.9: Ord. 64 § 8)
5.20.060 Issuance and duration of permit.
All permits to establish or carry on any automobile wrecking establishment or automobile wrecked parts establishment shall be issued by the city council and shall be for a period of not to exceed one year. (Prior code § 6.10: Ord. 64 § 8)
5.20.070 Revocation of license or permit.
Permits issued under the provisions of this chapter or licenses issued under Section 5.04.260 may be revoked by the city council at any time if any of the following conditions exist:
A. Violations of the provisions of this chapter, or of the Vehicle Code of the state;
B. Fraud in obtaining the license;
C. Business of the licensee is conducted in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health and safety of the people of the city, or to be a public menace as defined by Sections 3479 and 3480 of the Civil Code of the state, or which upon testimony taken before the city council has been determined to be injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property of more than one resident of the neighborhood where the establishment is established and is in operation. (Prior code § 6.11: Ord. 64 § 15)
5.20.080 Suspension of license or permit.
Whenever it appears to the city council that reasonable grounds as described in Section 5.20.070 for the revocation of a permit issued under this chapter or license issued under Section 5.04.260 exist, it may by resolution suspend such license or permit, and as soon as possible thereafter issue an order to show cause why the holder’s license or permit should not be permanently revoked, and such order to show cause shall be served by the chief of police upon the licensee or permit holder, either personally or by mail to his address as shown on his license or permit, or by leaving it at his principal place of business. (Prior code § 6.12: Ord. 64 § 16)
5.20.090 Contents of order showing why permit should not be revoked.
The order to show cause why the permit or license to establish or carry on any automobile wrecking or wrecked parts establishments shall not be revoked as provided in Section 5.20.080 shall contain, among other things:
A. Name of licensee or permit holder, and his business address;
B. A brief statement of the reason for the suspension;
C. Place and time of the hearing on the order, which time shall not be less than seven days after the date of the resolution of suspension;
D. A statement that the licensee or permit holder may appear at such hearing and show cause why his license or permit should not be permanently revoked. (Prior code § 6.13: Ord. 64 § 17)
5.20.100 Duration of suspension.
Any license issued under Section 5.04.260 or permit issued under this chapter that is suspended shall remain suspended until the city council finally passes on the question of revocation. (Prior code § 6.14: Ord. 64 § 18)
5.20.110 Effect of revocation or suspension.
No person shall continue engaging in, carrying on or operating any automobile wrecking establishment or automobile wrecked parts establishment for which a license or permit has been issued during such time as the license or permit has been suspended or if it has been revoked. (Prior code § 6.15: Ord. 64 § 19)
5.20.120 Regulation of premises where business conducted.
All automobile wrecking establishments and automobile wrecked parts establishments shall be conducted in either a building and premises approved by the planning commission and the police department or in any other place approved by the planning commission and police department; provided, that such other place shall be surrounded on all sides, not adjacent to a masonry building, by a substantial solid fence or wall at least six feet in height. The fence or wall shall be kept in a neat condition and shall be kept painted, and all gates for access to the premises shall swing inwardly and such gates shall be kept closed when the premises are not open for business, and the lot shall be properly graded and a layer of gravel at least one-inch thick, or a layer of approved asphaltic material or similar substance shall be placed over the entire surface thereof, and the lot shall be kept free and clear of weeds and debris of all kinds, and no used or secondhand articles shall be permitted to be piled in excess of the height of the enclosing fence or wall or nearer than two feet thereto. All motor vehicles kept in the lot shall be parked or stored in an orderly manner. All gasoline, oil or other inflammable liquids shall be drained and removed from any unregistered motor vehicle located thereon. The premises shall be so arranged that inspection or access to any part of the premises can be had at all times by the police department. (Prior code § 6.2: Ord. 64 § 22 (part))
5.20.130 Use of premises in violation of chapter deemed nuisance—Abatement required.
The use of any premises in violation of the provisions of this chapter is declared to be a public nuisance and such nuisance may be abated summarily or by civil action, and the cost of such abatement is declared to be a lien upon the property upon which such nuisance exists. (Prior code § 6.3: Ord. 64 § 25)
5.20.140 Sign regulations.
No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of, or which does advertise or bring to notice any person, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away, shall be placed or caused to be placed, or to be maintained, or caused to be maintained, upon the outward face of the fence or wall of an automobile wrecking establishment or an automobile wrecked parts establishment, except that the business carried on, maintained or conducted within such fence or walled enclosure may be advertised by use of a space not exceeding six feet in height and fifteen feet in length on each side of such enclosure. (Prior code § 3.4: Ord. 64 § 22 (part))
5.20.150 Permit requirements for dismantling or repair of combustion engine powered conveyances in residential districts.
A. No person shall repair or dismantle in the open in any of the residential districts of the city described in the zoning ordinance, any automobile, boat or other combustion engine powered vehicle or conveyance without having first obtained a permit to do so. Application shall be made to the police department on a form provided by such department for such purpose. The applicant shall furnish to the department all of the following information:
1. Name of applicant;
2. Applicant’s address;
3. Address at which dismantling or repair will be done;
4. Written consent of owner of premises where different from address of applicant;
5. Description of conveyance to be dismantled or repaired;
6. Statement of work to be done;
7. Estimated time necessary to complete work. All applications shall be referred to the chief of the San Pablo fire protection district for approval prior to the granting of any permit.
B. Where such work can be done without creating a police problem or a fire hazard, a permit shall be granted for the doing of the work described in the application. The permit so granted shall specify the time period in which the work shall be accomplished, which shall not be more than fifteen days. Work shall be completed within the time limit specified in the permit, or any extension granted for reasonable cause shown.
C. Upon completion of the work authorized and within the permit period, the applicant shall clear the site of all debris, oil, grease, gasoline, paints, lacquer, or other combustible or inflammable material, and leave it in such a condition that no hazard to persons or property is allowed to remain. Applicants for dismantling or repair permits shall be required, as a condition to the granting of the permit, to sign a waiver authorizing the police department to remove and store at owner’s expense, any conveyance or parts thereof where dismantling or repair is not completed within the time granted therefor. The term “repair,” as used in this section, does not include minor adjustments or the replacement of parts when such adjustments or replacement of parts may reasonably be expected to be accomplished within an eight-hour period. No permit shall be required for such minor adjustments or replacements.
D. Any person violating any of the provisions of this section shall be guilty of an infraction and shall be punishable as provided in Section 1.08.020. (Ord. 677 § 1 (part), 1975; prior code § 6.16: Ord. 342 § 3)