Duarte Municipal Code Ch. 9.38 Abatement of Unused or Abandoned Service Stations

The council declares that its purpose in adopting this Chapter 9.38 is to eliminate public nuisances that are created when service stations are abandoned or unused for long periods of time. The council finds and determines that:

(a) 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 ninety days or more.

(b) 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.

(c) Unused or abandoned service stations often cannot be easily or inexpensively adapted to other uses (even assuming such is allowed in the particular zone or 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.

(d) 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 twelve months.

(e) 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.

(f) The existence of such conditions contravene 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.

(g) 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 constitute 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.

(h) That the provisions of this chapter are categorically exempt under this city's adopted environmental guidelines and procedures.

(i) 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.

(j) 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 chapter to constitute public nuisances are hereby declared to be necessary and reasonable, and that they afford a maximum of due process.

(Ord. 496 (part), 1980)

There is delegated to the city manager/city clerk and the city officers or employees whom he shall designate, the authority to implement the provisions of this chapter wherever their action is required.

(Ord. 496 (part), 1980)

As used in this chapter, "service station" means any lot or parcel or real property, the buildings of which are designed and built for the 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 customers.

(Ord. 496 (part), 1980)

As used in this chapter, "building" means any and all physical improvements or structures which are designed, built or adapted for use as or in connection with a service station, and includes any and all pumps, pump islands, tanks, mechanical equipment, wells, foundations, signs and any and all other improvements situated on such service station site, and includes the plural.

(Ord. 496 (part), 1980)

Each service station which is unused as such, and the underground storage tanks of which have been removed or filled with inert material, is declared to be a public nuisance.

(Ord. 496 (part), 1980)

Upon discovery that any service station constitutes a public nuisance as defined in this chapter, the city manager/city clerk or his duly authorized representative shall immediately commence proceedings to abate such nuisance and carry the same through to conclusion in the manner prescribed by this chapter. Upon such discovery, the city manager/city clerk or his representative shall cause notice, in substantially 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 property, as disclosed by the last available equalized tax roll on file in the office of the assessor of the county of Los Angeles, or as known to said city manager/city clerk or his representative.

NOTICE OF VIOLATION

Notice is hereby given that the City Manager/City Clerk of the City of Duarte, or his undersigned representative, has found and determined that conditions exist on the real property described as Los Angeles County Assessor's Parcel No(s). _____, commonly known as ___________, Duarte, California, which constitute a public nuisance and a violation of the provisions of Title 9, Chapter 9.38 of the Duarte Municipal Code, in that the service station situated on said real property has been unused as such for a period of time, the underground storage tanks thereof have been removed or filled with inert material, and _____ .

(state other facts constituting nuisance)

Failure to abate said nuisance by (1) reoccupation and reinstitution of use of the premises as a service station (not applicable in case of a nonconforming use), (2) reoccupation and use of the premises under a conditional use permit for another authorized purpose, or (3) demolition and removal of all buildings situated on said real property, and (4) removal of the other conditions constituting such nuisance, within 90 days from and after the date hereof, shall result in the commencement by the City of Duarte of proceedings to abate such nuisance pursuant to the provisions of said Title 9, Chapter 9.38 of the Duarte Municipal Code.

If any demolition, dismantling, moving, 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, employees or agents, appropriate permits must be obtained before commencement of any such work.

Dated: ________, 19___.

___________

City Manager/City Clerk

(Ord. 496 (part), 1980)

No person shall thereafter:

(a) Reoccupy or reinstitute any use of any building on the property unless and until the building official and fire chief have inspected the same and found it to be in compliance 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 code; or

(b) Reoccupy or reinstitute such use on the property if the same is in violation of any applicable zoning regulation of the city; or

(c) Fail or refuse to pay any fee prescribed for the inspection services specified in subsection (a) of this section.

(Ord. 496 (part), 1980)

Notwithstanding any other provisions contained in this chapter, no service station which is a nuisance under the provisions of this chapter shall be converted to any other use until and unless a conditional use permit for such use has been obtained in accordance with the provisions of, and subject to the conditions set forth in, the zoning ordinance of the city.

(Ord. 496 (part), 1980)

If the public nuisance is abated within the ninety-day period specified in the notice of violation, no further action shall be taken with respect thereto by the city. If abatement work has been commenced within such period, the city manager/city clerk or his representative may grant a single extension of time for completion for up to sixty days for good cause shown, e.g., delay beyond the control of the owner or owners of the property.

(Ord. 496 (part), 1980)

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/city clerk or his representative shall cause notice, in substantially 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 property, as disclosed by the last available equalized tax roll on file in the office of the assessor of the county of Los Angeles, or as known to said city manager/city clerk or his representative.

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

Notice is hereby given that on _______, 19___, at the hour of _____, of said day or as soon thereafter as the matter can be heard, the City Council of the City of Duarte, California, will hold a public hearing in the Council Chambers of the Duarte City Hall, 1634 E. Third Street, Duarte, California, to ascertain whether or not certain premises in the City of Duarte described as Los Angeles County Assessor's Parcel No(s). _______ and commonly known as ___________, Duarte, California, constitute a public nuisance and require abatement as prescribed in Chapter 9.38 of Title 9 of the Duarte Municipal Code.

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 responsible therefor, such public nuisance may be ordered by the City Council to be abated by the person or 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 said 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 hereinabove specified, at which their testimony and evidence will be heard and received and given due consideration.

Dated:________

___________

City Manager/City Clerk

Said notice shall be served or mailed as aforesaid and a copy thereof shall be posted conspicuously on the property not later than fifteen 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 clerk of the council 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 California Government Code, such publication to be done not later than ten days before the date of hearing.

(Ord. 496 (part), 1980)

(a) At the hearing, after the city manager/city clerk has 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 abatement thereof.

(b) After all such evidence is received and heard, the council shall determine the issue. If it finds and determines 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 therefor, including, but not by way of limitation, any of the following actions:

(1) Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary, within a stated period of time; or

(2) 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 excavation and removal of all underground tanks and appurtenants; and

(3) Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.

(c) If the council's order is made pursuant to subsection (b) (1) or (b) (2) of this section, 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:

(1) The city manager/city clerk shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or

(2) That the city attorney commence an action to enjoin the nuisance.

(Ord. 496 (part), 1980)

Any costs incurred by the city in bringing about the required demolition, and removal of buildings and filling of excavations may be ordered by the city council to be charged to the persons claiming by virtue of the records of the recorder of the county of Los Angeles to be the owners of the real property, or to be charged as a lien against the real property itself.

(Ord. 496 (part), 1980)

This chapter 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 proceeding under this chapter, its provisions only need be followed. The provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of any general law or act, except as herein expressly otherwise provided.

(Ord. 496 (part), 1980)

Any party aggrieved with the proceedings, decision or action taken by the city council under this chapter in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or other within thirty days after the date of the decision, action or order of the city council.

(Ord. 496 (part), 1980)

Each action taken or order made by the council under this chapter shall be done by resolution, a copy of which shall be served personally or by certified mail upon all persons who were entitled to notice under the provisions of Section 9.38.100 not later than fourteen calendar days after the date of adoption of such resolution.

(Ord. 496 (part), 1980)