Part 3 — OPERATING REGULATIONS AND PERMIT CONDITIONS

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.

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.)

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:

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

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

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

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

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

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 otherwise be constructed of materials and in a manner that complies with the building code and other applicable laws and ordinances.

(Ord. 25428.)