824.10  ABANDONMENT.
   (a)   Purpose. Council hereby finds and determines that a closed, vacant and inoperative gas station constitutes a danger to the public health, safety, comfort and welfare, in that such conditions lead to unsightliness, blight, fire hazards, infestation, decrease of values to surrounding property and vandalism, and that such abuses of property entitle the City to exercise its police powers to protect the health, safety, comfort and welfare of the community. The purpose of this section, therefore, is to provide for the orderly abatement of closed, vacant and inoperative gas stations.
   (b)   Definitions. As used in this section:
      (1)   "Abandoned gas station" means a gas station that has not been operated by its owner or lessee for at least sixty days.
      (2)   "Building" means an above-ground improvement or structure, finished or unfinished, built or adapted for use as, or in connection with, a gas station, regardless of its size, shape, height, location or state of repair, and any above or below-ground storage tank, pipe or equipment that has previously contained any flammable substance, and all paving placed in connection with the gas station.
      (3)   "Conditions of non-use" refers to the following:
         A.   When all of the subsurface tanks used for storage of flammable substances at a gas station site have been permanently filled or removed, Council may, upon making a finding that the site can no longer be used for a gas station, declare the site and all buildings therein and thereon to be closed, vacant and inoperative.
         B.   After a voluntary discontinuance of a gas station as a nonconforming use, Council may find that such discontinuance constitutes non-use.
      (4)   "Enforcement authority" means the Building Official of the City.
   (c)   Regulations. At an abandoned gas station, the owner shall:
      (1)   Post signs on the premises stating that vehicular parking is prohibited;
      (2)   Keep the premises neat and free of rubbish and debris; the area shall be cleaned not less often than once per week;
      (3)   Close all ingress and egress to vehicular traffic by secured concrete wheel stops or the equivalent;
      (4)   Remove and properly cap all equipment for dispensing fuel and remove pump islands;
      (5)   Remove or cap and fill all underground storage tanks in accordance with the Fire Prevention Code; and
      (6)   Remove all signs from the premises except as herein directed.
(Ord. 50.  Passed 7-18-78.)