(a) If any service station becomes abandoned, such service station shall be presumed to be a nuisance adversely affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the City and shall be abated. For purposes of this section, an “abandoned service station” is defined as a closed service station which has been inoperative for at least three (3) consecutive months.
(b) Whenever any service station closes or discontinues operations for thirty (30) or more days then the owner shall give written notice to the Commissioner setting forth therein the location of the closed service station, the date of closure and the name and address of the owner and of the lessee, if any.
(c) The owner or lessee of a closed service station shall at all times from and after the closure thereof maintain the service station premises in a neat, clean and safe condition, cutting all grass and removing all rubbish, refuse and weeds, in accordance with the provisions of the Codified Ordinances. If glass windows are broken then such glass shall be promptly replaced or the window shall be boarded up and painted in a manner satisfactory to the Commissioner.
(d) The parking of motor vehicles on closed service station premises shall be prohibited, and the owner or lessee shall maintain and display in the window of service station building or elsewhere on the premises in a conspicuous place a sign of at least ten (10) square feet in area notifying the public that parking is prohibited. The owner or lessee of a closed service station shall, within seven (7) days after the closure thereof, erect and maintain a physical barrier which effectively blocks access to the service station premises and prevents the parking of vehicles thereon.
(e) Whenever the Commissioner finds any closed service station to be an abandoned service station within the meaning of this section, he or she shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner at his or her last known address or at the address to which tax bills are sent and to the lessee, if any, directing the owner and lessee within sixty (60) days of issuance of such notice to abate the nuisance caused by such abandonment in conformity with the provisions of this section as follows:
(1) By reopening the service station and continuing the operation thereof for a period of not less than ninety (90) consecutive days; or
(2) By converting the service station to a use and occupancy permitted under the Zoning and Building Codes; or
(3) By razing all structures on the premises including pump islands, poles and signs, and remove or inert all flammable liquid storage tanks, and remove all debris and leave the premises in a clean, orderly and safe condition.
(f) In any event, if the service station is not reopened for operation within sixty (60) days of issuance by the Commissioner of the notice to abate the nuisance caused by the abandonment of such station as provided for in subsection (e) hereof, then all signs, pumps and poles shall be removed and all flammable liquid storage tanks shall be removed or abandoned in place in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to NFiPA Standard No. 30 entitled “Flammable and Combustible Liquids Code”, under the supervision of the City Division of Fire. All holes and depressions shall be filled to the grade level of the lot.
(g) The owner or lessee may, not less than ten (10) days prior to the expiration of the sixty (60) day compliance date, make written application to the Commissioner for a ninety (90) day extension of time for razing the service station building, and provided that the owner or lessee has complied with the foregoing provisions of this section during the period following the closure of the service station, the Commissioner for good cause shown may grant such extension. In like manner the owner or lessee may, not less than ten (10) days prior to the expiration of the initial ninety (90) day extension period, apply for an additional ninety (90) day extension of time for razing the service station building and provided that the owner or lessee has complied with the foregoing provisions of this section during the period following the closure of the service station, the Commissioner may grant such additional extension for good cause shown. For purposes of this section, good cause for granting any such extension of time shall be a showing that there is a reasonable possibility that the service station premises will be altered, adapted and used for some other permitted business use, or any showing, which in the judgment of the Commissioner is deemed good and sufficient reason for the granting of such extension.
(h) Upon the failure, neglect or refusal of any owner or lessee to comply with the provisions of this section after receipt of the aforesaid notice to abate the nuisance caused by any abandoned service station, the Commissioner shall at the expense of the owner take such action as may be necessary or appropriate to abate such nuisance.
(i) If Council declares that an emergency curtailing the operation of motor vehicles exists in that a state of general economic depression exists, then the provisions of this section do not apply.