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(a) As used in this chapter, "abandoned gas station" means a gas station which the owner or lessee thereof has failed to operate as such for at least six consecutive months in any twelve-month period.
(b) All gas stations which, on the effective date of this chapter (Ordinance 56-74, passed December 26, 1974) or at anytime thereafter, are abandoned, shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property and general welfare and shall be abated.
(Ord. 56-74. Passed 12-26-74.)
Whenever the Zoning Enforcement Officer finds any gas station to be abandoned, he or she shall give notice in the same manner as service of a summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days, either by placing the station in operation in accordance with these Codified Ordinances, by adapting or using the building for another permitted business use, or by razing the gas station structure. Adaption or razing shall include removing the pumps, signs and underground storage tanks and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provisions of this section shall not apply, nor shall such provisions apply if a national emergency is declared, which emergency would curtail the operation of motor vehicles, or if Council determines that there exists a state of general economic depression, or if the closure of such station results from street widening, sewer installation or some other public improvement. For good cause shown, an extension for a reasonable period, not to exceed ninety days per extension, may be granted by the Zoning Enforcement Officer. Upon the failure, neglect or refusal of any such owner to comply with the notice to abate such abandonment, the Zoning Enforcement Officer shall take such action as may be necessary to abate such nuisance.
(Ord. 67-92. Passed 6-8-92.)
(a) Inoperative gas stations which do not come within the definition of abandoned gas stations shall be maintained in accordance with the provisions of these Codified Ordinances and the owner shall cut all grass and remove all rubbish and weeds from such premises. The parking of motor vehicles upon such premises shall be prohibited and the owner shall place, in the window of such gas station, a sign, at least ten square feet in area, prohibiting parking and trespassing.
(b) If any pumps or signs are removed from an inoperative gas station, the storage of gasoline or other chemicals on such property must cease immediately.
(Ord. 56-74. Passed 12-26-74.)
(b) Whenever the Zoning Enforcement Officer finds that the requirements of division (a) of this section have not been complied with, he or she shall give notice in the same manner as service of a summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to comply with subsection (a) hereof. Upon the failure, neglect or refusal of any such owner to comply therewith, the Zoning Enforcement Officer shall take such action as may be necessary to enforce compliance.
(Ord. 67-92. Passed 6-8-92.)
(EDITOR'S NOTE: See Section 1440.99 for general Building and Housing Code penalty if no specific penalty is provided.)