(a) Abandonment Defined. "Abandonment," as used in this chapter, means a failure to operate a service station for a period of at least three consecutive months in any twelve-month period.
(b) Nuisance. If any present service station becomes abandoned, such service station shall be presumed to be a public nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare, and shall be immediately abated.
(c) Notice; Abatement. Whenever the Building Commissioner finds any service station to be abandoned, he or she shall give notice of such finding, by certified letter, addressed to the owner of record of such premises at the owner's last known address or at the address to which tax bills are sent, to abate such condition within sixty days of the notice.
To abate the condition, the owner of such premises shall:
(1) Place the station in immediate operation;
(2) Adapt and use the building for another permitted business use; or
(3) Raze the service station structure, together with removing the gasoline pumps and signs, abandoning the underground storage tanks in accordance with accepted safe practices as prescribed by the National Fire Protection Association in Appendix C No. 30 or under the direct supervision of the Fire Department, and filling all depressions on the premises to the grade level of the lot.
If the station is in operation at the time the notice is given and remains in operation for ninety consecutive days thereafter, this chapter shall not apply. No owner shall neglect or refuse to comply with such notice.
(d) Maintenance of Inoperative Stations. Inoperative service stations which are not included within the definition of an abandoned service station shall be maintained to the extent that all grass shall be cut periodically and all rubbish and weeds removed from the premises.
(Ord. 1989-33. Passed 5-15-89.)