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(a) Declaration of nuisances: Abatement. Any building or structure constructed, erected, altered, moved, or maintained contrary to the provisions of this chapter, and any property used contrary to the provisions of this chapter, or any failure to comply with any condition attached to the granting of any development permit, special use permit, or variance shall be, and the same is hereby declared to be, unlawful and a public nuisance. Upon the discovery of facts constituting a nuisance, the duly constituted authorities of the City shall immediately commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. Such authorities shall take such other steps or may apply to a court of competent jurisdiction to grant such relief as will abate and remove such buildings, structures, or uses and restrain and enjoin any person, firm, or corporation from constructing, erecting, altering, moving, maintaining, or using any property contrary to the provisions of this chapter or failing to comply with any condition attached to the granting of any development permit, special use permit, or variance.
(b) Service stations. Notwithstanding any of the provisions of this chapter to the contrary, gasoline service stations are hereby declared to be a special class of land use.
(1) Any change from a service station use shall only be permitted through the issuance of a special use permit, even though the proposed new use is otherwise permitted in the zone without such a permit. No special use permit may be issued for any use not otherwise, conditionally or unconditionally, allowed by the zoning. Any change from a service station use without the prior issuance of a special use permit shall be unlawful, and the buildings and structures which are the subject of such a change in use are hereby declared to be a public nuisance.
(2) When the service station use of any service station structure and building is discontinued and such use is not reestablished for a period of ninety (90) days or a special use permit for a new use has not been applied for within the same ninety (90) day period, any existing special use permit or variance shall immediately become null and void, and the service station’s buildings and structures shall be, and are hereby declared to be, a public nuisance and shall be abated following notice and a hearing by the Commission. If, after notice and a hearing as herein provided, the Commission declares that the buildings and structures are public nuisances, the burden of proof shall be upon the applicant to show that the ninety (90) day abatement requirement will cause irreparable and unnecessary hardship. If the owner submits facts sufficient to convince the Commission that a hardship as described in this section exists, then the Commission, at its discretion, may grant one ninety (90) day period in which a special use permit for a change in use or to reestablish the service station use may be applied for.
(c) Remedies nonexclusive. The procedure provided in this section shall be in addition to any other remedy provided elsewhere by law.
(§ 1, Ord. 196-NS, eff. April 8, 1971, as amended by § I, Ord. 631-NS, eff. May 26, 1977)