(a) Whenever the Building Official finds any gasoline service station to be abandoned, they shall give notice in the same manner as the service of summons in civil cases, or by certified U.S. mail addressed to the owner of record of the premises at their last known address or to the address where tax bills are sent, or by any combination of the foregoing methods, to abate such abandoned condition within sixty (60) days either by:
(1) Placing such service station in operation in accordance with the provisions of the City's ordinances;
(2) Adapting and using the building for another business use permitted under the Zoning Code, provided the service station pumps and signs are removed; or
(3) Razing the service station structure and removing the pumps and signs. Underground service station storage tanks shall either be abandoned in place or removed at the option of the Building Official and Fire Chief who shall make the determination based upon the proposed use of the site and whether the tanks can be properly safeguarded and conditioned if abandoned in place. The abandonment in place or removal of underground tanks shall be performed in accordance with accepted safe practice as prescribed in Appendix C to the National Fire Protection Association Pamphlet No. 30 and under the supervision of the Bureau of Fire Prevention of the City. As a condition precedent to the abandonment of storage tanks in place, the City shall require that the current or subsequent owners of the premises post insurance in an amount the Fire Chief and Building Official believe necessary to protect against injury or damage. It shall be the duty of the current owner to apprise any potential successor in title of the fact that underground storage tanks are abandoned in place and that the City shall at all times require insurance to be maintained by the owner. Failure to notify the next successor in title shall be a misdemeanor punishable as provided by Section 1703.99 and will not relieve any innocent successor in title, who obtains title without knowledge of the abandoned tanks, from the requirement that insurance be maintained. In no event shall any structure be erected above any abandoned underground tank. If tanks are removed, the Building Official shall supervise the necessary filling and grading of the area.
(b) However, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this section shall not apply. If a national emergency is declared which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.
(c) Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Official shall take such action as may be necessary to abate such nuisance in accordance with the provisions of Section 1701.07.
(Ord. 21-16. Passed 3-28-16.)