Automotive Repair Facility.
Any lot or tract of land used for the purpose of carrying on the trade of automotive repair.
Automotive Wrecking and Salvage Yard.
Any lot or tract of land used for the purpose of carrying on the business or trade or any lot or tract of land whereon three (3) or more discarded, abandoned, junked, wrecked, worn out or otherwise disabled automotive vehicles, including but not limited to autos, trucks, tractor trailers, and buses are kept or stored for the purpose of disassembling, dismantling, cutting up, stripping or otherwise wrecking such automotive vehicles to extract therefrom parts, components or accessories for sale or for use in automotive repair or rebuilding business.
Solid.
Constructed and maintained so that the outer surface thereof is continuous and without interstices, gaps, spaces or holes. This shall not be construed to prohibit any spaces or gaps left by a properly constructed and maintained chain link fence with strips or slats as hereinafter provided.
Stored.
Placed on or left on property.
(Ordinance 051391 adopted 6/29/91)
All lots and tracts of land used for the purposes of carrying on the business or trade of an automotive wrecking and salvage yard or an automotive rebuilder or an automotive repair facility shall comply with the requirements of this article.
(Ordinance 051391 adopted 6/29/91)
All lots and tracts of land used for the purposes of carrying on the business or trade of an automotive wrecking and salvage yard or an automotive rebuilder or an automotive repair facility in the city shall be required to obtain a permit from the city to operate such business within the city’s limits. The city may assess a fee for such permits not to exceed $200.00.
(Ordinance 051391 adopted 6/29/91)
All gasoline, gasohol, and diesel fuel shall be completely drained and removed from any junked, wrecked or abandoned automotive vehicle before the vehicle is placed in any automotive wrecking and salvage yard or yard operated by an automotive rebuilder or automotive repair facility in the city. All flammable liquids drained from any vehicle in such yard shall be stored in a safe manner and in strict accordance with Section CFR Title 49 of the Fire Code and Section 101 of the Life Safety Code, which is maintained on file in the office of the city secretary.
(Ordinance 051391 adopted 6/29/91)
Each area that is utilized for the keeping, storing, dismantling, cutting up, stripping or otherwise wrecking of any discarded, abandoned, junked, wrecked or otherwise disabled automotive vehicles upon any automotive wrecking and salvage yard or any automotive repair facility within the city shall be completely surrounded and enclosed by a solid fence or wall as follows:
(1) 
Any side of such yard which extends generally parallel to, and within one hundred (100) feet of any public street right-of-way shall be bounded by a solid fence or wall at least eight (8) feet in height.
(2) 
All sides of such yards not included in subsection (1) above shall be bounded by a solid fence or wall at least six (6) feet in height.
(Ordinance 051391 adopted 6/29/91)
Every fence or wall herein required shall be constructed and maintained as follows:
(1) 
All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link, or any combination thereof; provided, however, that any one (1) side of an automotive repair facility shall be bounded by a fence or wall constructed of only one (1) of the above materials.
(2) 
Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence.
(3) 
All fences or walls shall extend downward to within three (3) inches of the ground and shall test plumb and square at all times.
(4) 
All fences or walls shall be constructed in compliance with all applicable provisions of the Building Code of the city.
(Ordinance 051391 adopted 6/29/91)
Any part of a fence or wall required by Section 4.805 hereof may consist in whole or in part of a solid wall or door, or walls and doors of any completely enclosed building on said premises, if such wall or door meets all construction requirements hereinabove set forth.
(Ordinance 051391 adopted 6/29/91)
Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards or automotive repair facilities shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall hereinabove set forth. Such gates shall be closed and securely locked at all times, except during normal business hours.
(Ordinance 051391 adopted 6/29/91)
It shall be unlawful for any owner, operator, his agents or employees, to display, store or work on any junked or wrecked automotive vehicle, or the parts, accessories or junk therefrom outside of or above the herein required fence or wall. It is a defense to prosecution under this section that the actor has established and is using one (1) unfenced rectangular area not exceeding ten (10) feet by one hundred (100) feet in maximum dimensions upon the premises to display dismantled component parts or accessories for sale, which parts and accessories are stored and arranged in compliance with all other applicable provisions of this article. The display area authorized in the foregoing affirmative defense may also be utilized for the display for sale of whole motor vehicles, whether wrecked or damaged or not, provided that the operator of the premises also holds an automotive dealer’s license for vehicle sales at the premises.
(Ordinance 051391 adopted 6/29/91)
(a) 
All automotive vehicles, parts and other materials located in or on the premises of any automotive wrecking and salvage yard or automotive repair facility in the city shall be so arranged to allow reasonable access to, and inspection of, the premises by authorized fire, health, and police officials, and the building official.
(b) 
All automotive vehicles, parts and materials stored in any automotive wrecking and salvage yard or automotive repair facility must be stored at least six (6) inches above the surface of the yard. A motor vehicle stored in its normal upright position shall be deemed to be stored in compliance with the foregoing requirement if all portions of the body floor pan of the vehicle are situated at least six (6) inches above the lot surface, regardless of the height of wheels, tires, brake components, axles and suspensions, components which are attached in their normal manner to the vehicle and regardless of the height of wheels, tires, or other devices used to elevate the vehicle.
(Ordinance 051391 adopted 6/29/91)
(a) 
If any owner of any lot or lots whether improved or unimproved within the incorporated limits of the city fails or refuses to do any of the requirements set out in the previous sections of this article within sixty (60) days after notice in writing, or by letter addressed to such owner at his post office address or by publication as many as two (2) times within ten (10) consecutive days, if personal service may not be had as aforesaid, or the owner’s address be not known, the city may cause the same to be done and may pay therefor and charge the expenses incurred in doing or having such work done or improvements made to the owner of such property as herein provided.
(b) 
Any person, firm or corporation or agent who violates a provision of this article or who fails to comply therewith shall be guilty of a misdemeanor. Punishment for violation of this article shall be by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code.
(c) 
If the city makes any improvements at its own expense to any property, upon filing with the county clerk a statement by the mayor or city health officer, the city shall have a privileged lien thereon, second only to tax liens for street improvements to secure the expenditures so made and ten percent (10%) interest on the amount from the date of such payment. For any such expenditures, and interest, as foresaid, suit may be instituted and foreclosure had in the name of the city, and the statement so made, as aforesaid or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements.
(Ordinance 051391 adopted 6/29/91)