As used in this article, the following terms shall have the meanings indicated:
LICENSE YEAR
That period from the first day of September through the 31st day of August of the following year.
RECYCLING DEALER
Any person (which shall include any corporation, partnership or any other commercial enterprise) who shall conduct or maintain as a business any building, structure, yard or place for keeping, sorting, storing, exchanging, buying or selling (including selling by consignment) any old or used recyclable or reusable material of any kind, including cloth, rags, paper, rubbish, rubber, bottles, iron, steel, brass, copper or any other metals, old boxes, cartons, crates, plastics, rubber tires, glass or refuse or dismantled or cannibalized vehicles or vehicle parts, equipment or liquids from such vehicles.
A. 
A recycling dealer's business shall be conducted at all times in compliance with all applicable ordinances of the City and laws of the state.
B. 
A recycling dealer shall maintain the premises used in the conduct of the business so that rats, vermin and all other hazards to health are kept to a reasonable minimum and under control at all times, and shall comply promptly with all requests and directives of the County Health Department.
Any recycling dealer who keeps, sorts or stores recycling materials outside shall comply with all applicable requirements set forth in Appendix A, Zoning Ordinance.
A recycling dealer's business shall be conducted at all times in accordance with the noise restrictions set forth in Chapter 21 of the Kalamazoo City Code.[1] No heavy sorting shall take place and no break-up hammers shall be used on such premises between the hours of 9:00 p.m. and 7:00 a.m.
[1]
Editor's Note: See Ch. 21, Nuisances, Art. II, Noise.
No burning of rubber or other substances which may pollute the air shall be permitted on premises used for a recycling dealer's business and any fires lighted or maintained upon such premises shall be subject to all reasonable rules and directives of the Chief of the Public Safety Department or the Fire Marshal.
No person (directly, indirectly or by an agent or employee) shall engage in the business of being a recycling dealer within the City, without first obtaining a license issued pursuant to this division.
A. 
Application for a recycling dealer's license shall be made, in writing, to the City Clerk, who shall be authorized to receive and process said applications and to thereafter grant, deny, suspend or revoke said licenses. Application shall be on forms supplied by and to be filed with the City Clerk. Such application, which shall be signed and dated by the applicant, shall contain:
(1) 
The name and address of the applicant;
(2) 
The location where the business is to be carried on;
(3) 
The applicant's criminal record, if any;
(4) 
The applicant's prior experience as a recycling dealer;
(5) 
A statement that the information provided is true and accurate and that, if a license is granted, the applicant will abide by all applicable ordinances; and
(6) 
Such other information as may be deemed necessary by the City Clerk for the proper issuance and enforcement of a license.
B. 
Each application shall have attached to it a fully dimensioned site plan of the entire property showing the location of all buildings, parking spaces, storage areas, fences or walls, gates and landscaping and all other features required by the applicable zoning requirements.
A. 
All licenses are issued subject to the following conditions, which shall be noted on the application form:
(1) 
The applicant shall permit inspection of the licensed premises and/or activity at reasonable times by any properly identified officer or employee of the City;
(2) 
The applicant's license may be temporarily suspended by the City Clerk without prior notice or hearing when Development Services determines that such a suspension is necessary on an emergency basis to preserve the public health, safety or welfare;
(3) 
The applicant shall comply with all applicable federal, state and local laws, ordinances, rules and regulations during the term of the license; and
(4) 
The applicant shall not engage in the recycling dealer's business at any time after the license has expired, without having been reissued, or at any time when the license is suspended or revoked.
B. 
No license shall be issued unless and until the applicant has paid all personal property taxes and real property taxes assessed against the applicant for which penalties or interest have begun to accrue and unless the applicant has paid all other debts due and owing to the City.
The annual fee for a license required by this division shall be as set from time to time by the City Commission by motion or resolution. If a license is applied for after March 1 of any year, the license fee shall be 1/2 the annual fee, for the balance of the license year.
A. 
On receiving an application for a license under this division, the City Clerk shall immediately transmit the same to the Director of Development Services, who, after consultation with the Department of Public Safety and the City Treasurer, shall promptly cause a report to be prepared regarding the applicant and any other matters pertinent to the issuance of the license. The report shall recommend for or against issuance of the license and shall contain information regarding:
(1) 
Whether there is compliance with all applicable laws, ordinances, rules and regulations relating to health, sanitation, building, zoning, fire code and all other applicable regulations and requirements of the City and the State of Michigan relative to fire safety, health, sanitary, building and zoning laws, rules and regulations at the proposed recycling dealer's place of business; and
(2) 
The applicant's criminal history, if any, and whether there is any evidence that the applicant cannot serve the public in a fair, honest and open manner; and
B. 
Upon receiving such report, the City Clerk shall either approve or deny the license in accordance with the said report's recommendation. If the City Clerk approves the license, it shall be issued upon payment of the appropriate license fees.
If the City Clerk denies the issuance of a license, the reasons for doing so shall be set forth in writing and mailed first-class to the applicant. The applicant may request a hearing to review the decision, pursuant to the procedures set forth in § 24-45.
Every license issued under this division shall be conspicuously displayed at the recycling dealer's place of business.
Every license issued under this division shall automatically expire on the following September 1; the conduct of any business under such license shall immediately cease upon such date unless and until a new license has been secured in accordance with the provisions of this division.
A. 
Any license issued pursuant to this article shall thereafter be indefinitely suspended by the City Clerk when Development Services determines that, regarding the recycling dealer, any of the following exist:
(1) 
Violations of the license conditions;
(2) 
Violations of this article;
(3) 
Violations of other applicable federal, state or local laws, ordinances, rules or regulations;
(4) 
Acts or omissions which are unlawful, fraudulent or deceptive or beyond and contrary to the scope of the license granted;
(5) 
That the recycling dealer's business has been abandoned;
(6) 
That statements made on the recycling dealer's application were false; or
(7) 
Failure of the recycling dealer to pay taxes (for which interest or penalties have accrued) or other debts due to the City; or
(8) 
That the license holder has been convicted of a felony involving theft, receipt of stolen property or embezzlement.
B. 
A license which has been suspended by the City Clerk may subsequently be reinstated by the City Clerk upon a showing to Development Services' satisfaction that the problems giving rise to the original suspension have been corrected.
A. 
Before suspending or revoking a license, the City Clerk shall mail, by first class mail, to the license holder a notice of intent to suspend/revoke. Said notice shall include the following:
(1) 
Notice that the license will be suspended or revoked unless the license holder, within 10 days, requests (in writing) a hearing; and
(2) 
A recitation of the facts which support the belief that cause exists to take the proposed action.
B. 
If a written request for a hearing is not received, within the time allowed, the City Clerk shall issue a notice of suspension/revocation. Said notice shall include the following:
(1) 
The date the earlier notice of intent to suspend/revoke was mailed;
(2) 
The fact that a hearing was not requested in a timely fashion, by the license holder;
(3) 
The fact that the license is suspended or revoked and that the former license holder shall not engage in the business of recycling dealing unless and until the license is reinstated or a new license is issued;
(4) 
The fact that a license which has been suspended may be reinstated upon a showing, that the problems which gave rise to the suspension have been corrected; and
(5) 
The fact that the former license holder may request (in writing) a hearing to contest the suspension or revocation.
C. 
Upon the determination by Development Services that a suspension of the recycling dealer's license is necessary on an emergency basis to preserve the public health, safety or welfare, the City Clerk shall issue a notice of immediate suspension. Said notice shall include the following:
(1) 
A recitation of the facts supporting the action taken;
(2) 
The fact that the license has been suspended or revoked and that the former license holder shall not engage in the business of recycling dealing unless and until the license is reinstated or a new license is issued; and
(3) 
The fact that the former license holder may request a hearing to contest the suspension or revocation.
A. 
Upon the filing of a request with the City Clerk, a person is entitled to a de novo hearing regarding:
(1) 
The City Clerk's denial of a license application;
(2) 
The City Clerk's issuance of a notice of intent to suspend/revoke;
(3) 
The City Clerk's issuance of a notice of suspension/revocation; or
(4) 
The City Clerk's issuance of notice of immediate suspension/revocation.
B. 
The City Clerk shall immediately forward a copy of a request for a hearing to the City Manager, who shall refer the matter to the designated hearing officer.
C. 
A hearing which relates to the City Clerk's issuance of a notice of immediate suspension/revocation shall occur within 10 days of the receipt by the City Clerk of the former license holder's request for hearing. All other hearings shall occur within a reasonable time.
D. 
The license holder (or former license holder) shall be notified of the time, date and place of the hearing as soon as practicable. The license holder (or former license holder) shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The rules of evidence shall be followed as far as practicable, but a hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community. The hearing officer shall ensure that the entire hearing is recorded.
E. 
After a hearing has occurred, the hearing officer shall issue a written opinion setting forth findings of fact and a decision. When the hearing relates to a notice of immediate suspension/revocation, the written opinion shall be issued within seven days of the date of the hearing. In all other hearings, the written opinion shall be issued within a reasonable time.
An owner aggrieved by any final decision of the City pursuant to this article may file a petition for an order of superintending control with the Kalamazoo County Circuit Court so long as said petition is filed within 20 days from the date of the mailing of the City's decision to the licensee.
Any person found violating any provision within this article shall be deemed guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
Prosecutions for violations of this article may be commenced by the issuance of an appearance ticket, which may be issued and served by Development Services. In addition or in the alternative, the City may suspend or revoke the recycling dealer's license or may commence an injunctive action in the Circuit Court to prevent a continuing violation.