(A) The Council declares that its purpose in adopting this subchapter is to eliminate public nuisances that are created when service stations are abandoned or unused for long periods of time.
(B) The Council finds and determines that:
(1) The Fire Code of the city requires that underground tanks that were used to store flammable or combustible liquids be removed or filled completely with an inert material whenever such tanks are taken out of service for one year or more.
(2) Abandoned or unused service stations, the underground storage tanks of which have been removed or filled with inert material, often cannot thereafter be used as service stations, because the cost of replacing such underground tanks or restoring them to serviceable condition is excessive in relation to the economic benefit to be derived therefrom.
(3) Unused or abandoned service stations often cannot be easily or inexpensively adapted to other uses (even assuming such is allowed in the particular zones where such service stations are situated), because of their unique location in relation to the property lines of their lots, their unique architectural design and their unique structural appurtenances.
(4) Unused or abandoned service stations are often situated in locations that are uneconomic for such uses, as demonstrated by frequent changes of ownership thereof and the service stations in the city that are now unused and which have been unused for more than 12 months.
(5) Unused or abandoned service stations constitute dangers to the public health, welfare and safety, in that such conditions invite vandalism, arson, other fire hazards, rodent infestation and unsightliness and blight that depreciate values of surrounding properties.
(6) The existence of such conditions contravenes the purposes of the zoning ordinances and the general plan of the city, in that planning for a compatible blend of land uses will be disrupted because the lands affected cannot be reasonably put to other uses until the existing conditions are abated by restoration or removal of the buildings, and also in that planning for other uses will be prevented unless such abatement is accomplished.
(7) The existence of unused or abandoned service stations is injurious and inimical to the public health, safety, comfort and welfare of the community, in that such conditions invite unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism, and the existence of conditions which invite such ills constitutes such abuses of property as to entitle this city to exercise its police powers in order to protect the health, safety, comfort and welfare of the community and of its residents.
(8) The provisions of this subchapter are categorically exempt under this city's adopted environmental guidelines and procedures.
(9) This city has the responsibility for strict enforcement of zoning and building regulations and that in the interest of safeguarding the public health, safety, comfort and welfare of the community, abatement is now required of abandoned or unused service stations.
(10) Unless corrective measures are undertaken to alleviate such present conditions, and particularly, to avoid future problems in this regard, a serious threat to the public health, safety, comfort and welfare of the residents and a serious threat to the values of surrounding properties in this city will continue to exist; that the need of the city to deal with conditions under the procedures herein established outweighs the utility of the conditions as they exist; and that the procedures established hereby for the abatement, demolition and removal and/or enjoinment of the conditions declared by this subchapter to constitute public nuisances are hereby declared to be necessary and reasonable, and that they afford a maximum of due process.
('64 Code, § 5-30) (Ord. 494, passed 4-19-75)