San Jose Municipal Code § 6.14.200 Dismantler's permit required

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.)

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.)

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 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.)