(a) If any gas station becomes abandoned, such gas station 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 or general welfare of the community and such nuisance shall be abated. "Abandoned" is defined as a failure to operate such gas station for at least three (3) consecutive months in any eighteen month (18 month) period.
(b) Whenever the Building Commissioner or his authorized agent finds any gas station to be abandoned, he shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at his 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 (60) days either by placing the station in operation in accordance with these Codified Ordinances, by adapting and using the building for another permitted use or by razing the gas station structure, removing the pumps and signs,abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No.30, under the supervision of the Fire Chief, and filling depressions to the grade level of the lot. However, if the gas station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this subsection shall not apply. If there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this subsection shall not apply.
(c) Upon the failure, neglect or refusal of any owner to comply with the notice to abate such nuisance, the Commissioner or his authorized agent shall take such action as may be necessary to abate the nuisance.
(d) Inoperative gas stations which do not come within the definition of abandoned gas station 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 the 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 of at least ten square feet (l0 sq. ft.) in area notifying the public of this fact. Notwithstanding any other provisions of these Codified Ordinances, if the Commissioner or his authorized agent finds that such notice is not complied with by the public, he may order the owner of the premises on which any gas station is inoperative for more than six months (6 mos.) to install fencing or a barricade approved by the Commissioner or his authorized agent which will be sufficient to block motor vehicles access to the property.
(Ord. 7139-99. Passed 7-6-99.)