(A) The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by resolution of the City Council pursuant to the procedures provided in Chapter 8.12 of this code or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the resolution of the City Council or order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.12, a nonconforming use is a public nuisance if:
(1) The use interferes with the comfortable enjoyment of life or property in the neighborhood; or
(2) The use is a business establishment which permits persons to congregate for unreasonably long time periods in parking areas and/or pedestrian walkways resulting in unreasonable noise levels in residential areas during the hours of 9:00 p.m. to 7:00 a.m., or resulting in said persons obstructing or interfering with the free passageway in said parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Chapter 9.12 of this code (relating to public consumption of alcoholic beverages) occur; or
(3) The use is injurious to the health of persons in the neighborhood.
(B) Where a use has been declared a public nuisance and is nonconforming solely because of the lack of a conditional use permit, the City Council may allow the property owner to apply for a conditional use permit from the Planning Commission pursuant to Chapter 17.52 of this code. If the conditional use of the nuisance requires demolition of the structure, the resolution, judgment or order shall find that in fairness and in justice there is no other way reasonably to correct the nuisance other than by demolition of the structure.
(C) The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located in is determined to be a public nuisance by resolution of the City Council adopted pursuant to Chapter 8.12 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the resolution of the City Council or order of the court. If the abatement of the nuisance requires demolition of the structure the resolution, judgement or order shall find that in fairness and in justice there is no other way reasonably to correct the nuisance other than by demolition of the structure.
(D) Where it cannot be found that demolition of a structure is appropriate, the Council shall permit the structure to remain in existence, but may impose one or more conditions to bring the structure into conformity with the requirements of this title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance.
(E) The City Council's determination pursuant to this section may be made as part of the hearing held pursuant to Chapter 8.12, or it may be made separately following a hearing pursuant to Chapter 8.12, provided that in either case the determination shall be preceded by a public hearing, notice of which shall be given pursuant to the provisions of § 17.52.320.
(`83 Code, § 17.48.060) (Ord. 94-03 § 6, 1994)