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HomeMy WebLinkAboutCC ORD 1975-1470 Adds § IV to Ord. 1213, abandoned service stations (Repealed by 1503)1470 The City Council of the City of National City, California, does ORDAIN that Ordinance No. 962 be amended to provide regulations applicable to unused or abandoned service stations and that Ordinance No. 1213 be amended to read as follows: SECTION 1. There is hereby added to Ordinance No. 1213 a new Section IV. to read as follows: SECTION IV. 1. Abatement of Unused or Aban- doned Service Stations. a. Purpose. The City Council de- clares that its purpose in adopting this ordinance is to eliminate public nui- sances that are created when service stations are abandoned or unused for long periods of time. The City Council finds and deter- mines that: (1) The Fire Marshal 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 token out of service for more than ninety (90) days. (2) Abandoned or unused service stations, the underground storage tanks of which have been removed or filled with inert material, often cannot there- after be used as service stations, be- cause the cost of replacing such under- ground 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 com- mercial use (even assuming such is al- lowed in the particular zone or zones where such service stations are situated), because of their unique loca- tion in relation to the property lines of their lots, their unique architectural design, and their unique structural ap- purtenances. (4) Many unused or abandoned service stations are situated in locations that are uneconomic for such uses, es demonstrated by frequent changes of ownership thereof and the number of service stations in the city that are now unused and which have been unused for more than 18 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) Unless corrective measures ore undertaken to cure and prevent such public nuisances, such serious threats to the public health, safety and welfare will continue to exist, and the need to correct such conditions is sufficiently great as to outweigh potential benefits of inaction, if any, to the owners of such unused or abandoned service sta- tions. 2. Definitions. a. Service Station. As used herein, "service station" shall mean any lot or parcel of real property, the buildings c which ore designed and built for thn purpose of dispensing and selling fuels for internal combustion engines of any type or types of automotive vehicles. whether or not containing facilities for the provision of other services to cus- tomers. b. Building. As used herein, "building" shall mean any and all physical improvements or structures which are designed, built or adapted for use as or in connection with a service station, and shall include any and all pumps, pump islands, tanks, mechanical equipment, wells, founda- tions, signs and any and all other im- provements situated on such service station site, and shall include the plural. 3. Procedure. a. Public Nuisance. Each service ORDINANCE NO. 1470 AN ORDINANCE AMENDING ORDINANCE NO. 962 AND ORDINANCE NO. 1213 TO PROVIDE REGULATIONS APPLICABLE TO UNUSED OR ABANDONED SERVICE STATIONS station which is unused as such, the underground storage tanks of which have been removed or filled with inert material, may be declared by the City Council to be a public nuisance if such station constitutes a danger to the public health, welfare or safety. b. Authority. Upon discovery that any service station may constitute a public nuisance, the City Manager or his Deputy shall immediately commence proceedings to abate such nuisance and carry the same through to conclusion in the manner prescribed by this Or- dinance. c. Abatement. NOTICE OF VIOLATION Notice is hereby given that the City Manager of the City of National City, or his undersigned Deputy, has found and determined that conditions exist on the real property described in San Diego County Assessor's Parcel No. (s) , com- monly known as , Na- tional City, California, which may con- stitute a public nuisance and a viola- tion of the provisions of this Ordinance. in that the service station situated on said real property has been unused as such for a period of time, the under- ground storage tanks thereof have been removed or filled with inert material, and (state facts constituting nuisance) Failure to abate said nuisance by (1) reoccupation and reinstitution of use of the premises as a service station (in case of a nonconforming use issuance of a Conditional Use Permit is required), or (2) reoccupation and use of the premises for another authorized purpose, or (3) demolition and removal of all buildings (as defined in 2b. of this Ordinance) situated on said real prop- erty, and (4) removal of the other conditions constituting such nuisance, within 60 days from and after the date hereof, shall result in the commence- ment by the City of National City of proceedings to abate said nuisance pur- suant to the provisions of this Or- dinance. If any demolition, dismantling, mov- ing, removal, additions to, or alteration. restoration or repair of any structure. or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be performed, by any person or entity affected by this Notice, other than City officers, employes or agents. appropriate permits must be obtained before commencement of any such work. Doted: , 19 City Manager d. Voluntary Abatement. No person shall: (1) Reoccupy or reinstitute any use of any building on the property unless and until the Building Official and Fire Marshal, shall have inspected the same and found it to be in com- pliance with such and so many of the standards applicable to the suitability of such building for such occupancy as appear in the City's Building Code and the City's Fire Prevention Code. (2) Reoccupy or reinstitute such use on the property if the same is in violation of any applicable zoning regu- lation of the City. (3) Fail or refuse to pay any fee prescribed for the inspection services specified in subsection (1) above. e. Effect of Voluntary Abatement. If the public nuisance is abated within the 60 day period specified in the notice of violation, no further action shall be token with respect thereto by the City Manager or his Deputy. If abatement work has been commenced within such period, the City Manager or his Deputy may grant a single extension of time for completion for up to 30 days for good cause shown, e.g., delay beyond the control of the owner or owners of the property. f. Notice of Involuntary Abatement. If the owner or owners of the property do not abate the nuisance within the time specified in such notice, or any extension thereof, the City Manager or his Deputy shall cause notice, in sub- stantially the following form, to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real prop- erty, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the County of San Diego, or as known to said City Manager or his Deputy: NOTICE OF HEARING ON ABATEMENT OF NUISANCE Notice is hereby given that on , 19 after the hour of of said day or as soon thereafter as the matter can be heard, the City Council of the City of National City, California, will hold a public hearing in the City Council Chambers, Civic Center, 1243 National Avenue, National City, California to ascertain whether or not certain premises in the City of National City described as San Diego County Assessors' Parcel No. (s. ) commonly known as , and , Na- tional City, California, constitute a public nuisance and require abatement as prescribed in Section IV 1. of this Ordinance. The conditions which shall be the subject of the public hearing are as follows: If said premises are found by the Council to constitute a public nuisance, and if the public nuisance has not been abated by the person or persons re- sponsible therefor, such public nuisance may be ordered by the City Council to be abated by the person or the persons who own or claim an interest in said real property, or may be ordered to be abated by the City and the cost thereof charged to said person or persons or levied as an assessment against real property. All persons having any objection to or interest in said matters are hereby notified to attend the hearing at the time and place hereinobove specified, at which their testimony and evidence will be heard and received and given due consideration. Dated: , 19 City Manager Said Notice shall be served or mailed as aforesaid and a copy thereof shall be posted conspicuously on the property not later than 15 days before the day fixed for the hearing. Proof of service and posting shall be made by written declaration under penalty of perjury and filed with the City Clerk before the time fixed for the hearing. A copy of such notice shall also be published in a newspaper of general circulation in the City pursuant to the provisions of Section 6061 of the Cali- fornia Government Code, such publica- tion to be done not later than 10 days before the date of hearing. g. Hearing on Involuntary Abatement. (1) At the hearing, after the City Manager shall have presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abate- ment thereof. (2) After all such evidence is re- ceived and heard, the Council shall determine the issue. If it finds and de- termines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the Council may take such action as it may deem necessary there- for, including (but not by way of limi- tation) any of the following actions: (a) Allow abatement by means ot reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary, within a stated period of time; or, (b) Order the nuisance to be abated by removal of the cause thereof, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filling of all excavations, and the ex- cavation and removal of all under- ground tanks and appurtenances; and, (c) Revoke any permits or vari- ances that authorized or otherwise per- tained to the discontinued service sta- tion use. (3) If the Council's order is made pursuant to subsection (2) (a) or (2) (b) above, the Council may condition its said order upon commencement of such abatement within such period of time as the Council may find to be reasonable in the circumstances, and may order that, upon failure of such condition: (a) The Director of Public Works shall abate the nuisance by awarding c contract for the work of abatement in the name of the City, or (b) That the City Attorney com- mence an action to enjoin the nuisance. h. Collection of Costs of Involuntary Abatement. Any and all costs and expenses incurred by the City by reason of involuntary abatement of any such public nuisance shall be charged against the owner of the land. (1) If the costs of removal which is charged against the owner ot the parcel of land are not paid within thirty (30) days of the date of the order, cr final disposition, such costs shall be as- sessed against the parcel of land pur- suant to Section 38773.5 of the Govern- ment Code and shall be transmitted tc the tax collector for collection. Said assessment shall have the same priority as other City taxes. 4. Miscellaneous a. Alternative Procedure. This Or- dinance is not exclusive. The Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law. The procedures and powers herein specified are alternative. When pro- ceeding under this Ordinance, its pro- visions only need be followed. The pro- visions of this Ordinance shall be con- trolling to the extent that they are in conflict with any of the provisions of any general law or act, except ns herein expressly otherwise provided. b. Limitation of Actions. No action shall be commenced to contest any proceeding, decision, action or order had, taken or made hereunder unless the same be commenced within 30 days from and after the date thereof. c. Service of Resolution. Each action taken or order made by the Council under this Ordinance shall be done by Resolution, copy of which shall be served personally or by certified mail upon all persons who were entitled to notice under the provisions of 3f. not later than 14 calendar days after the date of adoption of such Resolution. PASSED AND ADOPTED this l7th day of June, 1975. S/KILE MORGAN Mayor ATTEST: S/IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, on June 17, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed be- tween the day of its introduction and the day of its final passage, to wit, on June 10, 1975 and on June 17, 1975. I FURTHER CERTIFY THAT said or- dinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a ma- jority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. 1 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 1470 of the City of Nation I City, passed and ado by he uncil of said City on nn ,�, ,w, Ju � 5. � Gt.+� Y .�� NE MINOGUE MPBELL vi (Sea City Clerk of City of National City, California AND I HEREBY CERTIFY that the same has •een duly published according (Seal) City Clerk ofe City of National Ci California