Chapter 9.3 — ABATEMENT OF ABANDONED SERVICE STATIONS

4930. • PURPOSE.

The City Council of the City of Arcadia, having found and determined that the existence of vacant and inoperative automobile service stations constitutes a danger to the public health, safety, comfort and welfare in that such conditions lead to unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties, 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, intends the following regulations to provide for the orderly abatement and disposition of closed vacant and inoperative automobile service stations which are determined, in accordance with the provisions contained herein, to constitute a public nuisance.

(a)

"Abandoned service station" means an automobile service station where the owner or lessee has failed to operate such station for a period in excess of ninety (90) consecutive days.

(b)

"Automobile service station" means a retail business engaged primarily in the sale of motor fuels, but also of supplying goods and services generally required in the operation of and maintenance of automotive vehicles.

(c)

"Building" means, as used in this Section, any aboveground improvement or structure, finished or unfinished, which is designed, built or adapted for use as or in connection with an automobile service station, regardless of its size, shape, height, location, age, or state of repair, and any above or below- ground storage tanks, pipes, pumps or equipment which have previously contained any flammable substances and all paving placed in connection with the service station.

(d)

"Condition of non-use" means a situation in which:

(1)

When all of the subsurface tanks used for storage of flammable substances at an automobile service station site have been permanently filled or removed, the City Council may, upon making a finding that the site can no longer be reasonably used for an automobile service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative and the conditions constitute non-use; or

(2)

After a voluntary discontinuance of an automobile service station as a nonconforming use, the City Council may find that such discontinuance constitutes non-use.

(e)

"Enforcement authority" shall mean the City of Arcadia Planning Department.

(a)

Any automobile service station in a condition of non-use or an abandoned service station is hereby declared to be a public nuisance.

(b)

Upon discovery of facts that there exist conditions constituting a public nuisance the Enforcement Authority is hereby authorized to immediately commence the proceedings authorized by this Chapter to cause the abatement of such public nuisance in the manner prescribed by this Chapter or otherwise prescribed by law.

(c)

Abatement may be accomplished either by:

(1)

Reoccupation by the owner, or any tenant, lessee or other party entitled to possession and reinstitution of the previously permitted automobile service station uses, after having obtained an inspection and all permits required by the Code, including, but not limited to, building permits; or

(2)

Demolition and removal of all buildings on and in the premises and filling of all excavations, after having obtained the applicable permits required for such work, including, but not limited to, building permits and grading permits.

Upon discovery of conditions constituting a public nuisance as defined in Section 4930.2., the Enforcement Agency shall give notice to cause abatement. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the Los Angeles County Recorder disclose claim an interest in the property on which the automobile service station is located. The notification shall be in the following form:

NOTICE OF VIOLATION

DECLARATION OF VIOLATION OF ARTICLE IV, CHAPTER 9.3, OF MUNICIPAL CODE RELATING TO THE STATE OF NON-USE OR ABANDONMENT OF SERVICE STATIONS.

 NOTICE IS HEREBY GIVEN that as of the ___ day of _____, 20, the Planning Department of the City of Arcadia, has found and determined that conditions exist on the real property described as ___________, commonly known as ___________, which constitute a public nuisance and a violation of the provisions of Article IV, Chapter 9.3, of the Arcadia Municipal Code, in that the automobile service station on said real property [is in a state of non-use, as defined in Section 4920.1(d); or is an abandoned service station, as defined in Section 4930.1(a).]

 That not withstanding any other provisions of said Municipal Code, failure to abate the nuisance by re- occupation and reinstitution of use of the premises or by demolition and removal of all structures, according to the provisions of Section 4930.2(c) of the Municipal Code within sixty (60) days from the date of delivery of this Notice, enforcement proceedings for the abatement of said public nuisance shall be commenced pursuant to the provisions of Article IV.

 That if any demolition, dismantling, moving, removal, additions to, or restoration or repair of any building, or re-occupancy of the premises is to be accomplished, or if any excavation of earth is to be performed by persons or entities affected by this Notice, other than city officials, agents or employees, appropriate permits must be obtained prior to the commencement of any such work.

 Notice of any further proceedings to be pursued by the City to abate the aforesaid conditions shall be given in the manner prescribed in Article IV, of the Municipal Code.

 DATED:________

 ___________

---

 [Title and Address of Enforcement Authority]

If the public nuisance is abated by the owner of any service station which is in a condition of non-use or abatement within the sixty (60) day period allowed in the Notice of Violation, the Enforcement Authority shall cease further abatement proceedings.

(a)

Further abatement proceedings shall be pursued by the City when the Notice of Violation as provided in Section 4930.3, has been served and abatement of the public nuisance has not been accomplished within the sixty (60) day period. However, if abatement of the public nuisance has been commenced within the sixty (60) day period, the Enforcement Authority may grant a single extension of time for thirty (30) days for good cause shown, such as delays beyond the control of the affected party or parties.

(b)

In the event the owner of a service station which is in a condition of non-use or abandonment fails to abate the public nuisance within the time allowed, the Enforcement Authority shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations and other entities which the records of the Los Angeles County Recorder disclose claim an interest in the automobile service station and the property upon which said station is located. The notification shall take the following form:

NOTICE OF HEARING

ABATEMENT OF PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN that on the ___ day of _____, 19, at the hour of ___, of said day, the City Council of the City of Arcadia will hold a public hearing in the Council Chambers of the Arcadia City Hall located at 240 West Huntington Drive, Arcadia, California.

The purpose of the hearing will be to ascertain whether facilities on certain premises in the City of Arcadia described as ___________, commonly known as ___________, constitute a public nuisance as defined in Article IV, Chapter 9.3, of the Municipal Code and require abatement as prescribed in said Article.

The conditions which shall be the subject of the public hearing are as follows:

That if the condition of non-use or abandonment is found to constitute a public nuisance as defined in Section 4930.2 of said Code, and the public nuisance has not been abated by the owner or owners of such service station, such public nuisance may be ordered by the City Council to be abated by such owner or owners, or may be ordered to be abated by the duly constituted authorities of this city and the cost thereof charged to such owner or owners or placed as a lien against the property;

That all persons having any objection to or interest in said matters are hereby notified to attend the meeting stated in this Notice, when their testimony and evidence will be heard and given consideration.

DATED:________

---

   [Title and Address of Enforcement Authority]

(c)

A copy of the Notice of Hearing shall be posted conspicuously on each of the premises and buildings affected.

(d)

A copy of the Notice of the Hearing shall be served personally or by certified mail and posted at least ten (10) days before the time fixed for the hearing. Proof of service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the City Council.

(e)

Notice of the Hearing shall also be published in a newspaper of general circulation in accordance with the Arcadia Municipal Code.

All permits relating to the use, occupancy, construction or repair on or in any real property of any automobile service station and any permits relating to any activities to be pursued thereon or therein, and all conditional use permits to be granted after (date), for real property in which an automobile service station is located shall contain the following statement:

THIS ___________ IS GRANTED SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 1804 OF THE CITY OF ARCADIA. A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT BY PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDINGS, INCLUDING UNDERGROUND EQUIPMENT AND FOUNDATIONS. NOTHING CONTAINED IN ORDINANCE NO. 1804 SHALL PREVENT APPLICATION OF OTHER PROVISIONS OF THE MUNICIPAL CODE.

No permit or other authorization for the construction or operation of any new service station shall be granted until the prospective owner of such station has abated any other service station in a condition of non-use or abandonment which he may own in the City of Arcadia.

(Chapter 9.3 of Article IV added by Ord. 1804 adopted 1-8-85)