San Jose Municipal Code Part 2 General Provisions

A. No person shall engage in the activities of an auto body repair shop without first obtaining an auto body repair shop 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 auto body repair shop 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 auto body repair shop permit issued pursuant to this chapter, except as otherwise provided in this chapter.

(Ord. 26476.)

Fees for an auto body repair shop permit application and follow-up inspections shall be as set forth in the schedule of fees established by council resolution.

(Ord. 26476.)

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

(Ord. 26476.)

A. All applicants for an auto body repair shop permit or a renewal thereof shall file with the director a written application in accordance with the provisions of Section 6.02.050.

B. An applicant for an auto body repair shop permit or renewal thereof shall submit to the city the following information in addition to the information required pursuant to Section 6.02.050:

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 the applicant or a responsible agent of the applicant 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 the applicant to use the property for, or to perform, auto body repair shop activities; and

4. A detailed and accurate storm water pollution prevention plan (SWPPP) and hazardous materials business plan (HMBP) 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 from the property and to prevent storm water pollution on or from the property. The storm water pollution prevention plan and hazardous materials business plan shall include a description of the surfaces, systems, facilities, equipment and materials used or to be used and a site map showing the actual locations of all drains.

C. An applicant for and permittee of an auto body repair shop permit shall provide the director with written notice of any change to the information concerning ownership, occupancy and use which was 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.

D. An applicant or permittee of an auto body repair shop shall provide the director with written approval of a criminal history investigation from the chief of police.

(Ord. 26476.)

An application for an auto body repair shop permit or renewal thereof may be denied, suspended or revoked by the director upon any of the grounds set forth in Section 6.02.130 or on any of the following additional grounds:

A. Any part of the storm water pollution prevention plan submitted pursuant to Section 6.15.230 is inadequate; or

B. Any part of the security plan developed and maintained pursuant to Section 6.15.380 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 auto body repair shop activities; or

D. The applicant or permittee has failed to comply with any of the provisions of this chapter; or

E. The applicant or permittee of an auto body repair shop, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the autobody repair business.

(Ord. 26476.)