Chapter 5.05
WRECKING BUSINESSES
Sections:
5.05.020 Purpose, policy and scope.
5.05.030 Local government approval.
5.05.010 Short title.
This chapter shall be known as the Marion County wrecking business ordinance and may be so cited and pleaded. [Ord. 750 § 1, 1987.]
5.05.020 Purpose, policy and scope.
A. ORS Chapter 822 requires that persons seeking wrecker’s certificates under ORS 822.110 or for a supplemental certificate under ORS 822.125 must comply with local regulations as established by Marion County prior to obtaining local government approval of such certificates under ORS 822.140.
B. It is declared to be the public policy and in the public interest of Marion County to regulate the operation of wrecking businesses as defined in ORS 822.100 under the Marion County zoning ordinances and regulations and to establish fees for local government review and approval. [Ord. 750 § 2, 1987.]
5.05.030 Local government approval.
A. Any person seeking local government approval of a wrecking certificate under ORS 822.110 or a supplemental certificate under ORS 822.125 must present the certificate or application for local government approval to the Marion County department of community development.
B. Prior to review of the wrecker’s certificate or supplemental certificate, the applicant must pay a fee to the community development department in an amount to be set by order of the Marion County board of commissioners.
C. After the application and fee are submitted, the department of community development will conduct an investigation to determine whether the location of the wrecking business is established or is proposed to be established in a location which allows such wrecking business under the provisions of the Marion County comprehensive plan, zoning ordinances and regulations.
D. Said investigation shall also include an on-site visit to the wrecking business to determine whether it complies with all of the requirements of the Marion County zoning ordinance.
E. If it is determined that the applicant meets all applicable requirements of Marion County regulations dealing with wrecking yards, the director of the department of community development is authorized to approve the wrecking yard certificate under ORS 822.110 or the supplemental certificate under ORS 822.125, and return it to the appropriate applicant and/or state officials.
F. If the director of the department of community development determines that the applicant has failed to meet the requirements of Marion County regulations dealing with wrecking businesses, the director shall forward said application and supporting documents to the Marion County board of commissioners. The board shall place the application for the wrecker’s certificate and/or supplemental certificate on the agenda of the next regularly scheduled public meeting of the board of commissioners, at which time the board shall direct that a public hearing be held within the next 21 days.
G. Notice of the public hearing on the wrecker’s certificate or supplemental certificate shall be published twice, at least five calendar days apart, in the newspaper which is geographically the closest to the location of the wrecking business. The board of commissioners shall designate the newspaper. Notice shall also be given to all property owners within 100 feet of the location or proposed location of the wrecking business.
H. The responsibility of publishing and the costs of publication and notice shall be the sole responsibility of the applicant. Failure of the applicant to provide notice is a jurisdictional defect to the board’s consideration of the application for a wrecker’s certificate or supplemental certificate.
I. Following the public hearing, the board shall either approve or disapprove the wrecker’s certificate and/or supplemental certificate. [Ord. 750 § 3, 1987.]