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)