ACTION REQUESTED:
Title
Communication from the City Manager and Director of Community Development with a Request to ADOPT an ORDINANCE Amending CHAPTER 18 of the CODE of the City of Peoria, Relating to the Addition of a Licensing Requirement for TIRE BUSINESSES.
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BACKGROUND: To address the illegal dumping of tires in the City of Peoria, the Community Development Department is proposing requiring a license for every person, organization, company, or business who shall sell or offer for sale, barter, or exchange any type of tires. In addition, this includes any person, organization, company, or business that fixes, replaces, or disposes of tires as part of a transaction or on behalf of other tire businesses.
An application for a tire business would need to include:
(1) The name, address, and phone number of the individual applying for the license.
(2) The business name, address, and phone number of the business. In the case of a partnership, a corporation, or club, the date of incorporation and the names, addresses, and ages of the officers, directors, managers, and any stockholders owning or controlling the voting rights to more than five percent of the stock of such corporation. If such application is made on behalf of a partnership, firm, association, club, or corporation, then the same shall be signed and sworn to by at least two members of such partnership or the president and secretary of such corporation or club.
(3) Completion of application provided by the Finance Department.
(4) No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license required by this article nor knowingly cause or suffer another to furnish or withhold such information on his behalf.
All tire businesses would be required to adhere to the following guidelines:
(1) Tire business must keep detailed records of tire disposal including the dates of disposal, number of tires disposed of, location of disposal, the contact information of a third-party vendor, if applicable.
(2) Tire businesses agree to not dispose of tires at any location other than an approved ILEPA/EPA facility. If tire businesses are contracting out disposal, they agree only to use a licensed City of Peoria Tire Business.
(3) Tire businesses agree to allow the City of Peoria to audit when requested by the City of Peoria. Records must be updated and kept on hand, so they are readily available when requested.
(4) Tire businesses are required to report suspicious activities such as tires not being disposed of correctly.
(5) Tire businesses agree to follow all applicable state and federal guidelines.
(6) Tire businesses agree to adhere to all applicable City of Peoria ordinances and laws including provisions of the Unified Development Ordinance related to use.
Any person found guilty of violating, disobeying, neglecting, resisting, or opposing the enforcement of any of the provisions of this article, except when otherwise specifically provided, upon conviction thereof, shall be punished by a fine of not less than $750.00 nor more than $5,000.00 per violation. Penalties will be enforced through the Administrative Adjudication process as defined in Chapter 32 of the City of Peoria code. In addition, businesses that habitually were found guilty of violating the code may have their license revoked.
The license requirements including the auditing of the disposal records would be completed by the Community Development Department Business License Inspector. All businesses would be required to obtain a license sixty days after passage of the ordinance and the license would need to be renewed annually.
Updates based on First Reading Feedback
Staffing Concerns - During the Council meeting, concerns were brought up about the ability of staff to enforce the ordinance as written. Additional ordinance enforcement responsibility does put additional work on an already thin staff. In addition, it would create additional work for the finance Department. However, the hope would be that the benefits of less tire dumping would alleviate work in the other areas for City of Peoria employees in the long run such as Code Enforcement doing work orders on private property and public works staff removing tires from public property. In addition, the change will help us get more information on who and what is causing the issue. For example, if all the business in Peoria are registered and we can follow the trail to show that all tires are being disposed of legally, it may suggest that the problem is being caused from people coming into Peoria to dump versus local residents or businesses. To alleviate some of the staffing concerns, the audit of records request was changed from quarterly to as requested by City staff. This will allow staff to inspect the records but not create an additional quarterly burden.
Number of Tire Businesses - City staff estimates the license requirement will apply to between 75 to 150 businesses in the City of Peoria.
Fee for License - Based on feedback from the Council meeting, staff recommends a $50 annual fee to ensure administrative staff time is covered of the ordinance enforcement.
FINANCIAL IMPACT: The City Council could elect to impose an administrative fee for the license.
NEIGHBORHOOD CONCERNS: Illegal dumping of tires is a major concern of our neighborhood residents. Illegal disposal of tires can lead to neighborhood blight and health concerns.
IMPACT IF APPROVED: Tire Businesses will need to obtain a license with the City of Peoria.
IMPACT IF DENIED: Tire Businesses will not need to obtain a license with the City of Peoria.
ALTERNATIVES: NA
EEO CERTIFICATION NUMBER: NA
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Beautiful Peoria
2. Financially Sound City
3. Safe Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Reduce crime.
3. Have an efficient government.
DEPARTMENT: Community Development