If any gasoline service station becomes abandoned or closed, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort or property or the general welfare of the community and shall be abated. "Abandoned" and "closed" are defined as operating for less than three consecutive months in any one-year period.
Whenever the Director of Public Service finds any gasoline service station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at his last known address or the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within thirty days either by placing the station in operation in accordance with this chapter, adapting and using the building for another permitted business use as approved by the Planning Commission, or by razing the gasoline and oil filling station structure, removing the pumps, storage tanks and signs and filling depressions to the grade level of the lot, provided, however, that if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, or is placed in operation within three months after notice is given and continues to operate for ninety consecutive days, the provisions of this section shall not apply, and provided, further, that Council may, by resolution, determine that by reason of the effect of a national emergency which would curtail the operation of motor vehicles, or by reason of a state of general economic depression, the provisions of this section shall not apply.
Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Director of Public Service shall advise the Director of Law of all the facts and such Director of Law shall proceed to exercise, on behalf of the City, any remedy which shall then be available to it to secure an abatement of such abandonment, including any that pertains to the abatement of a public nuisance, and to recover any damages or enforce any penalties which may be recovered or imposed at the instance of the City.
Inoperative service stations (being those which have remained closed for two consecutive weeks), whether or not abandoned, shall be maintained in accordance with the provisions of this chapter and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon such premises shall be prohibited and the owner shall place in the window of such gasoline and oil filling station a sign of at least ten square feet in area notifying the public of this fact, and the owner of the premises shall install fencing approved by the Director of Public Service which will be sufficient to block motor vehicle access to such property.
(Ord. 1973-141. Passed 10-9-73.)