Loading...
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)
(A) At a hearing on involuntary abatement, after the City Manager or his or her designee has presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abatement thereof.
(B) After all such evidence is received and heard, the Building/Fire Appeals Board shall determine the issue. If it finds and determines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, then the Building/Fire Appeals Board may take such action as it may deem necessary therefor, including (but not by way of limitation) any of the following actions:
(1) Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary within a stated period of time; or
(2) Order the nuisance to be abated, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filing of all excavations, and the excavation and removal of all underground tanks and appurtenances; and
(3) Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.
(C) If the Building/Fire Appeals Board's order is made pursuant to divisions (B)(1) or (B)(2) above, then the Building/Fire Appeals Board may condition its order upon commencement of such abatement within such period of time as the Board may find to be reasonable in the circumstances, and may order that upon failure of such condition:
(1) The City Manager, or his or her designee, shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or
(2) The City Attorney may commence an action to enjoin the nuisance.
(Ord. 1153, passed 4-20-94)
Whenever any person is aggrieved by any final order or decision of the Building/Fire Appeals Board, such person may appeal to the City Council in the sage manner as provided for in the Uniform Fire Code and the Uniform Building Code.
(Ord. 1153, passed 4-20-94)
The city shall be entitled to recover its abatement costs with respect to an abandoned service station determined to be a public nuisance under this chapter, to the same extent and in the same manner as abatement costs are recovered for nuisances governed by Chapter 95. All such procedures are incorporated herein as if fully set forth and shall govern the recovery of abatement costs incurred pursuant to the enforcement of this chapter.
(Ord. 1153, passed 4-20-94)
(A) Notification to Future Applicants. All permits relating to the use, occupancy, construction, or repair on or in any real property of any service station and any permits relating to any activities to be pursued thereon or therein, and all zone variances to be granted after April 20, 1994, for real property in which an service station is located shall contain in boldface type the following statement:
“THIS PERMIT IS GRANTED SUBJECT TO THE PROVISIONS OF CHAPTER 158, CITY CODE, OF THE CITY OF INDIO, CALIFORNIA. A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT BY PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDINGS, INCLUDING ALL UNDERGROUND EQUIPMENT AND FOUNDATIONS. SUCH A VIOLATION MAY ALSO RESULT IN ENFORCEMENT BY PROSECUTION FOR A MISDEMEANOR. NOTHING CONTAINED IN CHAPTER 158 SHALL PREVENT APPLICATION OF OTHER PROVISIONS OF THE CITY CODE.”
The City Manager or his or her designee shall cause the language quoted above to be incorporated into permits which fall within the city's jurisdiction to grant in connection with service station uses.
(B) Limitation of Actions. No action shall be commenced to contest any proceeding, decision, action, or order taken or made hereunder, unless the same be commenced within 30 days from after the date thereof.
(C) Service of Resolution. Each action taken or order made by the City Council under this chapter shall be done by resolution, a copy of which shall be served personally or by certified mail upon all persons who were entitled to notice not later than 14 calendar days after the date of adoption of such resolution.
(Ord. 1153, passed 4-20-94)
Loading...