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)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORITY. Upon discovery that any service station may constitute a public nuisance, the City Manager or his or her designee may commence proceedings to abate such nuisance and carry the same through to conclusion in the manner prescribed by this chapter.
BUILDING. Any physical improvement or structure finished or unfinished, on or in real property, which is designed, built or adapted for use as or in connection with a service station, regardless of its size, shape, height, location, age, or state of repair. Included in this definition are all main buildings, pumps, pump islands, all underground storage tanks, foundations, all paving and any other materials, originally placed in connection therewith on or at any depth beneath the surface of the real property.
NONUSER. The City Council may, upon finding that the site can no longer be reasonably used for a service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative, and the conditions constitute nonuser.
NOTICE TO ABATE. Upon discovery of such facts, the City Manager or his or her designee shall cause a Notice to Abate to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property as disclosed by the last available equalized tax roll on file in the office of the Assessor of the County and as known to the City Manger or his or her designee. The individual receiving the Notice shall commence voluntary abatement thereof. The period for abatement may be extended by the City Council for good reason presented to the Council.
PUBLIC NUISANCE. Each service station which is unused as such, the underground storage tanks of which have been removed, may be declared by the
City Council to be a
PUBLIC NUISANCE (if such station constitutes a danger to the public health, welfare, or safety).
SERVICE STATION. Any lot or parcel of real property, the buildings of which are designed and built for dispensing and selling fuels for internal combustion engines of any motor vehicles.
(Ord. 1153, passed 4-20-94)
No person shall do any of the following:
(A) Reoccupy or reinstitute any use of any building on the property unless and until the Building Official and Fire Marshal have inspected the same and found it to be in compliance with such and so many of the standards applicable to the suitability of such building for such occupancy as appear in the city's current building code and the city's current Fire Code;
(B) Reoccupy or reinstitute such use on the property if the same is in violation of any applicable zoning regulation of the city;
(C) Fail or refuse to pay any fee prescribed for the inspection services specified in division (A) of this section.
(Ord. 1153, passed 4-20-94)
If the nuisance is abated within the one year period specified in the Notice to Abate, no further action shall be taken with respect thereto by the City Manager, or his or her designee. If abatement work has been commenced within such period, then the City Manager, or his or designee, may grant a single extension of time for completion for up to 30 days for good cause shown, e.g., delay beyond the control of the owner or real property owner.
(Ord. 1153, passed 4-20-94)
If the owner or real property owners do not abate the nuisance within the time specified in the Notice to Abate, or any extension thereof, then the City Manger, or his or her designee, shall cause a Notice to Abate to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the County, or as known to the City Manager, or his or her designee. The Notice shall advise the recipient of his or her right to request a hearing before the Buildings Fire Appeals Board regarding the proposed abatement.
(Ord. 1153, passed 4-20-94)
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