Section
158.01 Purpose
158.02 Findings
158.03 Definitions
158.04 Voluntary abatement
158.05 Effect of voluntary abatement
158.06 Notice of involuntary abatement
158.07 Hearing on involuntary abatement
158.08 Grievance with final order; appeal to City Council
158.09 Collection of abatement costs; recovery; incorporation of Chapter 95 procedures
158.10 Miscellaneous
158.99 Penalty
The City Council declares that its purpose in adopting this chapter is to eliminate public nuisances that are created when service stations are unused for long periods of time. The City Council also finds and determines that the existence of closed, vacant and inoperative service stations, constituting nonuser as the word “nonuser” is defined in § 158.03, has become increasing direct and substantial in significance and that there is now a need for further control over the lack of utilization, condition and appearance of such facilities. This chapter is not exclusive. The City Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law. The procedures and powers herein specified are alternative.
(Ord. 1153, passed 4-20-94)
It is further found and determined as follows:
(A) Closed, vacant and inoperative service stations constituting nonuser cannot reasonably be expected to be utilized for the purpose originally established, inasmuch as the cost of replacing fuel storage tanks underground for ones which have been removed is excessive.
(B) Service stations cannot be readily adapted for use as other commercial facilities without excessive cost due to their unique location on the property, with respect to property lines, their unique architectural design, and their unique functional layout on the property.
(C) Service stations have been established in close proximity to the freeway, and economic conditions have not warranted reopening of closed service stations in the older locations, as evidenced by the fact that most closed service stations have been vacant for over one year.
(D) Because of cost design considerations, closed, vacant and inoperative service stations, constituting nonuser, usually cannot reasonably be expected to be utilized for the purposes originally established or adapted for other permitted uses, or moved for use elsewhere, and the existence of such conditions contravene the purposes of the zoning ordinances and the general plans of the city in that planning for a compatible blend of land uses will be disrupted because the lands affected cannot be reasonably put to other uses until the existing conditions are abated by restoration or removal of the buildings, and also in that planning for other uses will be prevented unless such abatement is accomplished.
(E) The existence of closed, vacant and inoperative service station sites constituting nonuser is injurious and inimical to the public health, safety, comfort and welfare of the community in that such conditions invite unsightliness, blight, fire hazards, decreasing values to surrounding properties and vandalism, and the existence of conditions which invite such ills constitute an abuse of property rights as to entitle this city to exercise its police powers in order to protect the health, safety, comfort and welfare of the community and its residents.
(F) Unless corrective measures are undertaken to cure and prevent such public nuisances, such serious threats to the public health, safety and welfare will continue to exist, and the need to correct such conditions is sufficiently great as to outweigh potential benefits of inaction, if any, to the owners of such unused service stations.
(Ord. 1153, passed 4-20-94)
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