Chapter 10-Licenses

3-10-1 DEFINITIONS
3-10-2 LICENSE REQUIRED
3-10-3 APPLICATON FOR LICENSE
3-10-4 FEE PAYMENT
3-10-5 ISSUANCE OF A LICENSE
3-10-6 FEES AND DURATION OF LICENSE
3-10-7 REVOCATION OF A LICENSE
3-10-8 APPEAL
3-10-9 EFFECT OF REVOCATION
3-10-10 REBATES
3-10-11 TRANSFER OF LICENSE PROHIBITED
3-10-12 DISPLAY OF LICENSE
3-10-13 EXEMPTIONS
3-10-14 SPECIAL REQUIREMENTS

3-10-1 DEFINITIONS. For use in this Ordinance the following terms are defined:

1. The term “junk dealer” shall mean any person engaged in collecting, storing, buying or selling junk. “Junk” means articles or materials that, because of age, deterioration or use, have lost their original utility or desirability but that by alteration, restoration or salvage may furnish an item or items of value.

3-10-2 LICENSE REQUIRED. It shall be unlawful for any person to engage in any activity, vocation, or profession regulated by this Ordinance without a valid license from the City of Maquoketa, Iowa.

3-l0-3 APPLICATION FOR LICENSE. Application for any license under this Ordinance shall be made in writing on forms furnished by the City Clerk. One application shall be filed with the City Clerk and shall include:

1. The applicant’s full name and address, the address of his/her local business establishment, and the nature of his/her business.

2. If the applicant is not the owner of the place which the business is to be conducted, the name and address of the owner.

3. If the applicant is a corporation or other association, it shall also list the names and addresses of its principal officers.

4. The attachment of a receipt from the City, showing payment of all fees.

3-10-4 FEE PAYMENT. All fees required by this Ordinance shall be paid to the City Clerk, who shall give the applicant a written receipt showing the sum received and the date of receipt.

3-10-5 ISSUANCE OF A LICENSE. If the City Clerk finds that all of the prescribed conditions for the issuance of a license have been satisfied, that no grounds for revocation under 3-10-7 of this Ordinance exists, and that the special requirements of 3-10-14 of this Ordinance have been complied with, the license shall issue immediately to the applicant. The Clerk must make a determination where to issue the license within ten (10) days from the date a completed application is submitted. If the Clerk refuses to act within this ten (10) day period, the applicant shall have a right to a hearing before the Council at its next regular meeting on whether the license should be issued.

3-10-6 FEES AND DURATION OF LICENSE.

1. An applicant may apply for an annual or a daily license. The annual license shall be valid for one year after the date on which it is issued. The daily license shall be valid for only one twenty-four (24) hour period, but the applicant may apply for and receive 7 daily licenses at one time. However, no daily license shall be issued more than 3 days before the date for which the license is valid.

2. The fees for licenses shall be:

A. Junk Dealers

1. For one day – $5.00

2. For one week – $10.00

3. For up to six months – $15.00

4. For one year or major part thereof – $25.00

3-10-7 REVOCATION OF A LICENSE. After giving a licensee 7 days notice and after a hearing, the Clerk may revoke any license issued under this Ordinance for the following reasons:

1. The licensee has made fraudulent statements in his/her application for the license or in the conduct of his/her business.

2. The licensee has violated this Ordinance or has otherwise conducted his/her business in an unlawful manner.

3. The licensee has conducted his/her business in such manner as to endanger the public welfare, health, safety, order or morals.

The notice shall be in writing and shall be served personally or as required for personal
service by the Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.

3-10-8 APPEAL. If the City Clerk revokes or refuses to issue a license, he/she shall endorse his/her reasons upon the application. The applicant shall have a right to a hearing before the Council at its next regular meeting. The Council may reverse, modify or affirm the decision of the City Clerk by a majority vote of the Council members present, if a quorum, and the City Clerk shall carry out the Council’s decision.

3-10-9 EFFECT OF REVOCATION. Revocation of a license shall bar the licensee from being eligible for any license under this Ordinance for a period of 3 months from the date of revocation.

3-10-10 REBATES. Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee he/she has paid if he/she surrenders his/her license before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least one dollar of the original fee shall be retained by the City to cover administrative costs.

3-10-11 TRASFER OF LICENSE PROHIBITED. In no case shall a license issued under this Ordinance be transferred to another person or be used for a purpose other than that for which it was issued.

3-10-12 DISPLAY OF LICENSE. Every person who is issued a license under the provisions of this Ordinance shall display the license in a conspicuous place on the premises on which the business is being conducted.

3-10-13 EXEMPTIONS. This Ordinance shall not be construed to require a license of each employee or agent of one engaged in a licensed occupation. Only the owner, manager or agent of such an occupation need possess a license.

3-10-14 SPECIAL REQUIREMENTS. Every person who is granted a license under the terms of this Ordinance shall comply with the following regulations that apply in his/her case:

1. Junk dealers.

A. Every junk dealer shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, the amount paid, and the time and date of the transaction.

B. Every junk dealer shall segregate each day’s collection for a period of forty-eight (48) hours. During this period no item shall be disposed of or altered in any manner.

C. A junk dealer shall not purchase or receive junk from a minor unless he/she first receives the written consent of the minor’s parent or guardian. Such consent shall be attached to the record book as a part of the permanent record.

D. The County Health Officer and peace officers shall be permitted at all times to inspect the junk dealer’s premises for the existence of materials or conditions dangerous to the public health.

E. All junkyards shall be enclosed within a solid fence at least eight (8) feet in height, which hides the contents of the yard from the public view. Materials within the yard shall not be stacked higher than the surrounding fence. Any gates in said fence shall be of solid material and equal height.

Subchapter 10A Permits for Moving Buildings or Structures

3-10A-1 PERMIT REQUIRED.
3-10A-2 APPLICATION FOR PERMIT
3-10A-3 FEE PAYMENT
3-10A-4 PRE-MOVING CONFERENCE
3-10A-5 DENIAL OF PERMIT
3-10A-6 INSURANCE REQUIREMENTS
3-10A-7 ISSUANCE OF PERMIT
3-10A-8 EXCEPTIONS TO REQUIREMENT OF A PERMIT
3-10A-9 EQUIPMENT
3-10A-10 REIMBURSEMENT OF CITY COSTS
3-10A-11 EXPIRATION OF PERMIT

3-10A-1 PERMIT REQUIRED. It shall be unlawful for any person to engage in any activity regulated by this Chapter without obtaining a valid permit in advance in accordance with the procedures of this Chapter.

3-10A-2 APPLICATION FOR PERMIT. An application for a permit pursuant to this Chapter shall be made in writing on forms furnished by the City Clerk. The application shall include:

1. The applicant’s full name, address and telephone number; the name, address and telephone number of the applicant’s business, and the nature of the applicant’s business.

2. A proposed date and time for the proposed move.

3. The address the building or structure will be moved from.

4. The address and legal description of the parcel the building or structure will be moved to.

5. A map showing the proposed route of the move, including all affected public or private utilities and businesses.

6. A diagram or drawing showing the dimensions of the parcel to which the building or structure will be moved and the location of the building or structure on that parcel.

7. The dimensions and height of the building or structure to be moved.

8. The name and address of all utilities, businesses or other entities that will be affected by the proposed move.

9. The name and address of the applicant’s insurance agent.

10. The name and address of the applicant’s insurance company or companies that will provide insurance coverage as required by this Chapter.

11. The application shall be accompanied by a photograph of the building or structure to be moved, sufficient to demonstrate its length, width and height.

12. The application shall be accompanied by proof of insurance as required by Section 3-10A-6 of this Chapter.

3-10A-3 FEE PAYMENT. The applicant shall pay a fee in the sum of $25.00 to the City Clerk at the time the application is submitted. No application shall be processed until this fee shall be paid in full by the applicant. The fee shall be non refundable.

3-10A-4 PRE-MOVING CONFERENCE. Before issuance of a permit and unless waived by the City Manager, a pre-moving conference shall be held. The pre-moving conference may include, but not be limited to, the Maquoketa Public Safety Committee, the City Manager, the Public Works Director, a representative from the Maquoketa Police Department, and any of these invited parties: a representative from each affected utility, a representative from each affected business, and any interested State or County representatives. All such representatives shall submit in writing, at or prior to the pre-moving conference, the conditions and requirements of their agencies. A general strategy for the move shall be planned and a date for the move shall be finalized at or following the pre-moving conference.

3-10A-5 DENIAL OF A PERMIT. No permit shall be issued to move a building to a lot or parcel located within the city if any of the following apply:

1. The land to which the building or structure is proposed to be moved is not a legal lot of record.

2. The building or structure proposed to be moved to a lot will not comply with the City of Maquoketa Zoning Ordinance when placed on the lot at its proposed location.

3. The proposed use of the building or structure is prohibited by the City of Maquoketa Zoning Ordinance.

4. The building or structure constitutes a nuisance pursuant to local or state law at the time of the proposed move.

5. The building or structure does not comply with the city’s property maintenance ordinance or is a dangerous building as defined by local or state law at the time of the proposed move.

6. The building or structure will not be connected to city services, including, but not limited to, water and sewer, within a reasonable period of time following the move.

7. The building or structure is too large to move without endangering persons or property, whether public or private, including damage deemed unacceptable by the city to trees, or requiring the undue relocation of utility lines, street signs or other public improvements.

8. The building or structure is in such a state of deterioration or disrepair, is otherwise so structurally unsafe, or is otherwise of such size, that it cannot be moved without endangering persons or property, whether public or private.

9. The applicant’s equipment, or the applicant’s plan for the proposed move, is unsafe so that persons or property, whether public or private, are endangered.

3-10A-6 INSURANCE REQUIREMENTS. The applicant shall provide proof of workers compensation insurance covering his or her employees in compliance with Iowa law, and also public liability insurance issued in an amount and by a company or companies satisfactory to city covering personal injury, death or property damage suffered by anyone other than his or her employees during the course of the activities covered by the permit. The applicant shall furnish the city with a certificate or certificates of insurance of the insurance company or companies issuing the above-specified policy or policies of insurance at the time of the pre-moving conference and again on the date of the scheduled move, certifying that the applicant has such insurance in force.

3-10A-7 ISSUANCE OF PERMIT. The City Clerk shall grant a permit following the pre-moving conference if all of the following conditions are met:

1. A proper application has been filed containing all information required by this Chapter.

2. The applicant has filed proof of insurance as required by Section 3-10A-6.

3. The City Clerk has made a finding that the permit is not prohibited by any the provisions of Section 3-10A-5.

3-10A-8 EXCEPTIONS TO REQUIREMENT OF PERMIT. No permit shall be required for:

1. The moving of a building or structure not more than ten (10) feet wide, not more than sixteen (16) feet long, and which is not more than fifteen (15) feet in height when situated on a truck or moving carriage.

2. The moving of a building or structure by the city.

3-10A-9 EQUIPMENT. The applicant shall use only dollies with ruber-tired wheels in moving a building or structure. The weight of the building shall be supported on the dollies so that the wheel load will not exceed the pavement design as established by the city engineer, or properly designed planking, approved by the city engineer, shall be used so as not to overload or damage pavement or underground utilities within the public streets. Properly designed planking, approved by the city engineer, shall also be required over all sidewalks and curbs over which a building is moved.

3-10A-10 REIMBURSEMENT OF CITY COSTS. An applicant to whom a permit is granted shall reimburse the city for all costs and expenses for materials and labor related to moving the building or structure that are incurred by the city. This obligation to reimburse shall include, but not be limited to, the cost of city staff and labor billed at an hourly rate, the cost of the city engineer incurred in connection with the project, any relocation costs incurred by the city, and the costs of labor and material to repair or replace any damaged public property or public improvements. The city may require the applicant to post a bond or letter of credit in a sum sufficient to cover these anticipated expenses.

3-10A-11 EXPIRATION OF PERMIT. A permit under this Chapter shall expire six (6) months following the date of issuance.
(Ord. No. 1046, 06-04-07)