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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)
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