Chapter 6.14

AUTOMOBILE DISMANTLERS*

Parts:

1 Definitions

*State law reference— For statutory provisions on automobile dismantlers, see Vehicle Code §§ 220 and 11500 et seq.

• 2 General Provisions

• 3 Operating Regulations and Permit Conditions

Part 1

DEFINITIONS

Sections:

• 6.14.010 Definitions.

• 6.14.030 Automobile dismantler.

• 6.14.050 Automobile dismantling. 6.14.070 Exclusions from the term automobile dismantler.

• 6.14.090 Director.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 25428.)

• A. "Automobile dismantler" means any person not otherwise expressly excluded by Section 6.14.070 who:

  1. Is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under the California Vehicle Code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, who buys or sells the integral parts and component materials of vehicles, in whole or in part, or deals in used motor vehicle parts; or

  2. Keeps or maintains for any purpose on real property owned, possessed or controlled by that person two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways.

• B. Subsection A. does not apply to:

  1. The occasional and incidental dismantling of vehicles by dealers who have secured dealer's plates from the Depart-

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§ 6.14.030

ment of Motor Vehicles of the State of California for the current year and whose principal business is buying and selling new and used vehicles; or

2. Owners who dismantle not more than three personal vehicles within any twelvemonth period; or

3. Sellers of vehicles, including nonrepairable vehicles, when no dismantling of the vehicle occurs by the seller or others on the property of the seller.

(Ord. 25428.)

"Automobile dismantling" includes the following activities:

• A. Dismantling vehicles, including, without limitation, the removal of integral parts or component materials of vehicles for the purpose of buying, selling or dealing in those vehicles, parts or materials; or

• B. Buying, selling or dealing in vehicles for the purpose of dismantling the vehicles; or

• C. Buying, selling or dealing in component materials or integral parts of vehicles, in whole or in part; or

• D. Buying, selling or dealing in used motor vehicle parts; or

• E. Refurbishing, repairing, cleaning, painting or renovating dismantled vehicles or component materials or integral parts of vehicles; or

• F. Engaging in any other activities of an automobile dismantler.

• (Ord. 25428.)

The term "automobile dismantler" does not include any of the following persons:

• A. The owner of any premises on which two or more unregistered and inoperable ve-

hicles are held or stored, only if the vehicles are used, or intended to be used, for one of the following purposes:

  1. Restoration or replacement parts or otherwise in conjunction with any business of a licensed dealer, manufacturer, or transporter of vehicles; or 

  2. Restoration or replacement parts or otherwise in conjunction with the operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property; or 

• B. The owner of any premises or property used in conjunction with any agricultural, farming, mining, or ranching business, or motor vehicle repair business where no more than two dismantled vehicles are located on the motor vehicle repair premises or property at any one time; or

• C. Any person engaged in the restoration of vehicles of the type described in Section 5004 of the California Vehicle Code or in the restoration of other vehicles having historic or classic significance; or

• D. The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose of selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, in accordance with state law; or

• E. Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to applicable state law.

• (Ord. 25428.)

"Director" means the director of the department of planning, building and code enforcement

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§ 6.14.250

or the director of such other department that the city manager may designate to administer and enforce the provisions of this chapter. (Ord. 25428.)

Part 2

GENERAL PROVISIONS

Sections:

The act or omission of any partner, owner, associate, director, manager, officer, agent or employee of an automobile dismantler permit applicant or an automobile dismantler permittee is, for all purposes of this chapter and Chapter 6.02, an act or omission of the automobile dismantler permit applicant or automobile dismantler permittee, respectively.

(Ord. 25428.)

• 6.14.200 Dismantler's permit required.

• 6.14.210 Permit fees.

• 6.14.230 Business permittee responsibility.

• 6.14.250 Application requirements and conditions.

• 6.14.270 Denial, suspension or revocation.

• A. No person shall engage in the activities of an automobile dismantler without first obtaining an automobile dismantler's permit from the director and paying the applicable permit fee or permit renewal fee in accordance with the provisions of this chapter and Chapter 6.02 of Title 6 of this Code.

• B. An automobile dismantler permit is a business permit for purposes of Chapter 6.02 of Title 6 of this Code.

• C. The procedures set forth in Chapter 6.02 shall govern the application for, the investigation related to, and the approval, denial, suspension, revocation, and renewal of any automobile dismantler permit issued pursuant to this chapter, except as otherwise provided in this chapter.

(Ord. 25428.)

Fees for an automobile dismantler permit application and renewal application shall be as set forth in the schedule of fees established by council resolution.

• (Ord. 25428.)

• A. All applicants for an automobile dismantler's permit or a renewal thereof shall file with the director a written application in accordance with the provisions of Chapter 6.02.

• B. An applicant for an automobile dismantler's permit or renewal thereof shall submit to the city the following information in addition to the information required pursuant to Chapter 6.02:

  1. A detailed and complete description of the nature of the activities and/or business that the applicant intends to conduct at each location or place of business; and

  2. The name, residence address, and residence telephone number of a responsible agent of the applicant, which can be the applicant, who lives within fifty miles of the city to receive notices on behalf of applicant pursuant to this chapter; and

  3. A list describing all of the other permits and approvals applied for or obtained by applicant to use the property for or to perform automobile dismantling activities; and

  4. A detailed and accurate prevention plan for approval by the director describing the actions that will be taken and the materials and equipment that are or will be installed and maintained at the property to prevent drainages, spills or other releases of hazardous materials on or

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§ 6.14.250

• from the property and to prevent stormwater pollution on or from the property. The prevention plan shall include a description of the surfaces, systems, facilities, equipment and materials used or to be used.

• C. An applicant for and permittee of an automobile dismantler's permit shall provide the director with written notice of any change to the information provided as part of the application. The applicant or permittee shall provide this notice prior to the date that the change is anticipated to occur, whenever practicable. Otherwise, the applicant or permittee shall provide this notice within thirty days of the date that the change occurred.

(Ord. 25428.)

An application for an automobile dismantler's permit or renewal thereof may be denied and an automobile dismantler's permit may be suspended or revoked by the director upon any of the grounds set forth in Chapter 6.02 and/or any of the following additional grounds:

• A. Any part of the prevention plan submitted pursuant to Section 6.14.250 is inadequate; or

• B. Any part of the security plan developed and maintained pursuant to Section 6.14.430 is inadequate; or

• C. The applicant or permittee has failed to timely obtain or comply with any permit or other approval required to use the property for or to perform automobile dismantling activities; or

• D. The permittee has failed to comply with any of the provisions of this chapter.

• (Ord. 25428.)

Part 3

OPERATING REGULATIONS AND PERMIT CONDITIONS

Sections:

• 6.14.310 Compliance inspection.

• 6.14.330 Compliance with all laws.

• 6.14.350 Hours.

• 6.14.370 Prevention of hazardous materials release.

• 6.14.390 Environmental protection.

• 6.14.410 Property maintenance.

• 6.14.430 Security.

• 6.14.450 Fence requirements.

Every automobile dismantler permittee shall keep a record of the sale, purchase, exchange, dismantling, storage or demolition of any automobile or motor vehicle delivered into his or her possession, as required by the applicable sections of the California Vehicle Code, for a minimum period of three years or such longer period of time as may be required by law, whichever is greater, which record shall at all times be open to inspection by the director, the chief of police or any authorized peace officer.

(Ord. 25428.)

• A. Every automobile dismantler permit issued by the director shall strictly comply with the terms and conditions set forth in this part, as well as all other conditions that are specifically set forth in the automobile dismantler permit.

• B. The provisions of this part shall constitute operating regulations. It shall be unlawful to violate any of the provisions of this part.

• C. Every applicant for an automobile dismantler permit and every automobile dismantler permittee shall strictly comply with all of the provisions and procedures set forth in Chapter 6.02, as modified by the provisions of this chapter.

• D. A violation of any operating regulation shall constitute grounds for denial, suspension or revocation of an automobile dismantler permit.

6.14.290 Records and reports.

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§ 6.14.370

• E. The provisions of this part are intended to provide a minimum level of protection of the environment and the public health, safety and welfare at automobile dismantling operations. Nothing in this part is intended to nor shall prevent the city from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approvals processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this part and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement or condition shall apply.

• (Ord. 25428.)

• A. The director and/or any peace officer shall have the power and authority to enter the applicant's or permittee's location or place of business during regular business hours to inspect the premises, the security plan developed and maintained pursuant to Section 6.14.430, and records kept pursuant to Section 6.14.290 to determine compliance with the provisions of this chapter.

• B. The failure of an applicant or permittee of an automobile dismantler permit to consent to an inspection by the director or a peace officer pursuant to subsection A. shall constitute grounds for the denial, suspension or revocation of an automobile dismantler permit.

• (Ord. 25428.)

An automobile dismantler shall comply with all applicable laws, ordinances, codes, regulations and permit conditions of the federal, state and local governments, including, without limitation: all conditions set forth in permittee's automobile dismantler permit, zoning laws; the conditions of any land use permits; business tax certificate requirements; building, plumbing, electrical, and mechanical codes and

regulations; fire safety codes and regulations; sanitary sewer and storm drainage regulations; regulations pertaining to the storage, handling and disposal of hazardous materials; the Federal Water Pollution Control Act (also known as the Clean Water Act), and the conditions of any applicable National Pollution Discharge Elimination System permit.

• (Ord. 25428.)

• A. An automobile dismantler shall not perform automobile dismantling activities at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to subsection B. below.

• B. An automobile dismantler shall not conduct any automobile dismantling activity on property located within five hundred feet of a residential use between the hours of 8:00 p.m. and 7:00 a.m.

• (Ord. 25428.)

Permittee shall install and maintain at all times and in good condition and repair all of the following surfaces, systems, equipment and materials:

• A. Prior to the effective date of the automobile dismantler permit, permittee shall install paved surfaces, as described in the prevention plan, engineered to withstand the weight of equipment and materials to be located on that surface in all areas used or to be used for vehicle parking; and

• B. Prior to the effective date of the automobile dismantler permit, permittee shall install an impervious surface, as described in the prevention plan, at all areas where automobile dismantling work occurs on a vehicle that has not been drained and purged of all fluids and in strict compliance with any hazardous materials permit.

(Ord. 25428.)

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§ 6.14.390

• A. An automobile dismantler shall not use, handle, store, dispose of or allow the release of any hazardous material on or from the property, except as may be allowed under and in compliance with applicable laws and permits obtained by the automobile dismantler.

• B. Every automobile dismantler shall take reasonable steps to ensure that any hazardous material allowed on the property shall be used, handled, stored and disposed of in a safe and proper manner and to prevent drains, spills or other releases of hazardous materials on the property, including, without limitation:

  1. Draining all fluids from vehicles or vehicle parts or components prior to storing or impounding those vehicles on the property; and

  2. Draining all fluids from vehicles or vehicle parts only on impervious surfaces described in the prevention plan pursuant to Section 6.14.370 above; and

  3. Removing and properly storing or disposing of batteries prior to impounding vehicles on the property; and

  4. Monitoring and keeping a written record of the contents of oil, grease, total suspended solids, and other materials that may be specified in permittee's automobile dismantler permit, as well as the conductivity, and the potential for hydrogen in the water runoff or discharge from the property no less frequently than once per month during any month with measurable rainfall, or more frequently as may be set forth in an automobile dismantler permit; and

  5. Prohibiting customers from performing vehicle repairs or dismantling their own vehicles on the property.

• C. Permittee shall immediately notify the city and other appropriate public agencies of any release of a hazardous material on the property or from the property to any storm drain or sanitary sewer system.

• D. Permittee shall fully cooperate and comply with any investigation, cure, remediation or other order of the city or other appropriate public agency applicable to a hazardous material located on or affecting the property.

• (Ord. 25428.)

Every automobile dismantler shall keep the property on which automobile dismantling activities are conducted in a clean and safe condition by, at a minimum, performing all of the following tasks:

• A. Properly removing and storing all trash, litter, rubbish and debris on the property at the end of each business day; and

• B. Properly disposing of all trash, litter, rubbish and debris from the property; and

• C. Removing graffiti placed upon the property within forty-eight hours of its occurrence; and

• D. Stacking any vehicles stored on the property no higher than the height of the screen wall or fence at the perimeter of the property and no closer than six feet from the property line; and

• E. Storing separate vehicle parts, excepting the chassis, body and tires, in an enclosed storage area with a roof; and

• F. Performing any and all spray painting activity within a fully enclosed and properly ventilated area that is in compliance with the city's fire codes; and

• G. Parking vehicles and allowing vehicles to be parked only in those areas of the property designated for parking and in accordance with any applicable land use permit for the property; and

• H. Towing or having towed from the property any abandoned, dismantled, or inoperable vehicle that is not parked or stored on the property; and

• I. Taking all reasonable precautions and measures to prevent any unreasonable emission of noxious or offensive odors or dense smoke from the property; and

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§ 6.15.020

• J. Keeping driveways, sidewalks, parkstrips, fire access roads and streets on or adjacent to the property clear and clean; and

• K. Covering greasy or oily vehicles or vehicle parts, including scrap metal bins or vehicle parts bins, during rainy periods; and

• L. Otherwise operating in a manner that does not create any significant, adverse impacts upon the property or upon neighboring properties.

• (Ord. 25428.)

Permittee shall take reasonable precautions and measures to secure the premises on which they conduct their activities or on which their business is located, and the personal property thereon, including, without limitation, doing all of the following:

• A. Preparing and maintaining on the premises a security plan for inspection and approval by the director, which security plan shall describe the methods used by permittee at the premises to prevent unauthorized access to the premises and unauthorized access to or theft of property located on the premises; and

• B. Keeping and maintaining the premises and personal property in accordance with the security plan; and

• C. Securely locking all buildings and fences located on the real property at the end of each business day.

(Ord. 25428.)

• A. Every automobile dismantler permittee shall conduct its activities entirely inside an enclosed building or within premises completely surrounded by a solid masonry or metal fence that otherwise complies with the provisions of this section.

• B. The enclosing fence shall have corner posts of metal or fire resistant material and shall oth-

erwise be constructed of materials and in a manner that complies with the building code and other applicable laws and ordinances. (Ord. 25428.)