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HomeMy WebLinkAboutORD 89-42 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-15 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SUB-SECTION 13- 15 (1) REGULATING THE STORAGE OF CERTAIN MOTOR VEHICLES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Section 1 . That Chapter 13, Section 13-15 of the Code of Ordinances of the City of Beaumont be, and the same are hereby, amended to add a new sub-section 13-15(1) and the "Junk and Secondhand Dealers Ordinance" , Article II, Chapter 26 of the 1958 Code, be, and the same is hereby, repealed and said new Section 13-15(1) shall read as follows: Section 13-15 (1) : The owner of a junk motor vehicle which is exempt from the application of Section 13-15 by Section 13- 15 (b) (2) shall be required to comply with the licensing and other requirements of this sub-section. The word "person", as used herein, shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. 1 ) It shall be unlawful for any person to keep junk motor vehicles which are exempt under 13-15(b) (2) without first having obtained a license for each such location from the City Manager or his designee in accordance with the provisions of this sub-section. 2 ) An applicant for a license under this ordinance shall file with the City Manager or his designee a written application provided by City and signed by the applicant. 3 ) All licenses shall be permanent unless revoked as provided herein. A one-time license fee of Ten Dollars ($10.00 ) shall be submitted with the application to City. No fee will be required of an applicant which is exempt from ad valorem taxation as an institution of purely public charity. 4) A license issued hereunder shall be automatically void if the licensee does not operate the licensed business for a continuous period of two (2) years. 5 ) a) The license issued pursuant to this ordinance shall be plainly displayed on the business premises. b) The business premises, together with all things kept therein shall at all times be maintained in a sanitary condition. c) No space not covered by the license shall be used in the licensed business. d) No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitos. e) Greeds and other uncultivated growth on the premises, other than trees, shrubs and bushes shall be kept at a height of not more than twelve (12) inches. f) No property of the licensee shall be allowed to rest on or protrude over any public street or right-of- way, walk-way or curb, or become scattered or blown off the business premises. g) The property of the licensee shall be arranged so as to permit easy access for firefighting purposes. h) No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard. i) The area of the premises where junk motor vehicles exempted under Section 13-15(b) (2) are kept which is visible from a public right-of-way and which fronts on a public right-of-way shall be screened with an eight foot (8 ' ) opaque vertical masonry wall or wood- board fence unless there is existing at the time this ordinance is passed, a fence of any type which is made opaque within sixty ( 60) days of the date of this ordinance. A chain link fence with slats in each link will be considered to be opaque for purposes of this ordinance. Every twenty-five feet ( 25 ' ) along the wall or fence a tree shall be planted and maintained. The trees shall be at least two inches (2" ) in calibre and six feet (6 ' ) in height or greater at planting and shall be within ten feet ( 10 ' ) of the wall or fence. Construction shall be in accordance with the standards as approved by the building official of the City of Beaumont. Such fences and walls shall be maintained in good repair - 2 - and shall be kept vertical, uniform and structurally sound. No fence shall be required should a one hundred foot (100 ' ) buffer exist between all public rights-of-way and storage of junk so long as the trees required herein are planted., existing and maintained. j ) The licensee shall permit inspection of the business premises by the City Manager or his duly authorized agent at any reasonable time. 6) The City Manager or his designee, prior to revocation of any license issued hereunder shall give written notice to the holder of said license. Such notice shall contain the reason for the proposed revocation, and provide that the revocation shall be effective fifteen (1 5) days of ter notice unless an appeal is filed. The following shall constitute grounds for revocation of the license issued hereunder: a) The licensee has violated any provision of this ordinance. b) The licensee has obtained his license through fraud, misrepresentation or misstatement. c) The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner. d) The licensed business or activity is no longer being operated on the licensed premises. 7) Appeal of the revocation or refusal to grant a license hereunder shall be made in writing to the City Manager within fifteen ( 15 ) days after notice of revocation or refusal to grant or renew a permit. The City Council shall hear said appeal if such request was timely. Revocation shall be suspended pending hearing by the City Council and such hearing shall be held within thirty (30) days of the date of receipt of the request for hearing. The substantial evidence rule shall apply, and the decision of the City Council shall be final. Section 2. Any person who violates any provision of this ordinance shall, upon conviction, be fined not less than Five Hundred Dollars ($500.00 ) nor more than One Thousand Dollars ($1 ,000.00 ) . Each day - 3 - such violation is permitted or continued to exist shall be and is deemed to constitute a separate offense. Section 3. This ordinance shall become effective upon passage, and shall be retroactive to all persons who own junk motor vehicles exempted under Section 13-15(b) (2 ) . Permits required hereunder shall be obtained within sixty (60) days after passage of this ordinance. The fencing requirements of Section 13-15(5) (1) herein shall be met on or before six (6) months after passage of this ordinance. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of July , 1989. Mayor - 4 -