Lancaster Municipal Code Ch. 8.12 Abandoned Automobile Service Stations

Any closed, vacant and inoperative automobile service station described in Section 8.12.020 is declared to be a public nuisance. Upon discovery of facts that there exist conditions constituting a public nuisance as defined in the definition of "nonuser" in Section 8.12.020, the city manager, or his designee, is authorized to immediately commence proceedings as hereinafter provided to cause the abatement, removal or enjoinment of such public nuisance.

(Prior code § 4-1.45)

For purposes of this chapter, the following definitions shall apply:

"Automobile service station" means any site where the buildings are designed and built for dispensing and selling fuels for internal combustion engines of any automotive vehicles.

"Building" means any physical improvement or structure finished or unfinished, on or in real property, which is designed, built or adapted for use as or in connection with an automotive vehicle service station, regardless of its size, shape, height, location, age, or state of repair. Included in this definition are all main buildings, pumps, pump islands, all underground storage tanks, pumps, mechanical equipment, wells, cesspools, septic tanks, foundations, all paving and any other materials originally placed in connection therewith on or at any depth beneath the surface of the real property.

Nonuser.

1. Conditions. Any automobile service station which has been closed, vacant or inoperative for twelve (12) months constitutes nonuser and a public nuisance.

2. Discontinuance of Nonconforming Use. A voluntary discontinuance of an automobile service station as a nonconforming use as defined in Title 17, constitutes nonuser and a public nuisance.

(Prior code § 4-1.45.1)

Upon discovery of conditions described in the definition of "nonuser" in Section 8.12.020, the city manager, or designee, shall cause notification to 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 real property. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

DECLARATION OF VIOLATION OF SECTION 8.12.010 OF MUNICIPAL CODE RELATING TO THE STATE OF NON-USE OF CLOSED, VACANT OR INOPERATIVE AUTOMOBILE SERVICE STATIONS.

NOTICE IS HEREBY GIVEN that as of the ________ day of ___________,19___, the City Council of the City of Lancaster, California, has found and determined that conditions exist on the real property described as Los Angeles County Assessor's Parcel No. _______; commonly known as, Lancaster, California, which constitute a public nuisance and a violation of the provisions of Section 8.12.010 of the Lancaster Municipal Code, in that the on said real property is in a state of non-use;

That notwithstanding any other provisions of said Municipal Code, failure to abate the nuisance by re-occupation and re-institution of use of the premises or by demolition and removal of all structures, according to the provisions of Section 8.12.010 of the Municipal Code within thirty (30) days from the date of delivery of this Notice, the City shall undertake the demolition and removal of all structures from the site at the expense of the owners.

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

Any appeal from this action shall be taken in accordance with the provisions of the Uniform Appeal Procedure.

(Prior code § 4-1.45.2)

A. Abatement may be accomplished in either of the following ways:

1. Re-occupation by the owner, or any tenant, lessee or other party entitled to possession and re-institution of the previously permitted automobile service station uses, after having obtained an inspection and all permits required by this code including, but not limited to, building permits;

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.

B. In the event that the owner fails to complete the abatement within thirty (30) days following service of the notice provided for in Section 8.12.030, the city manager shall cause the abatement to be undertaken by the city in the manner provided for in subsection (A)(2) of this section.

C. Prior to any re-occupation or re-use of any buildings on or in the premises, the party intending to occupy the buildings must first apply to the department of public works for inspection. The inspection shall be conducted for the purpose of determining the suitability of the buildings for occupancy from the standpoint of health and safety. The inspection shall be conducted according to such of the standards expressed in the adopted Uniform Building Code, current edition, of the city relating to requirements for occupancy as were applicable to the buildings as they existed prior to the state of nonuse. Applicants must remit applicable fees for such inspection.

D. Any re-occupation or re-use, of any buildings on or in the premises must also comply with all applicable zoning regulations of the city.

(Prior code § 4-1.45.3)

When the city manager causes the abatement of a public nuisance as described in the definition of "nonuser" in Section 8.12.020, he shall keep an accounting of the costs thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the city manager shall serve a copy of this itemized statement of costs on the owners of the property in the same manner as provided in Section 8.12.030.

(Prior code § 4-1.45.4)

The cost of abatement of a nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of the statement a copy thereof shall be transmitted to the assessor and tax collector for the city by the city clerk. Whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lot or parcel of land for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes. The notice to the assessor's office shall include a request to reappraise the property to reflect the effect of the abatement proceedings.

(Prior code § 4-1.45.5)

Notwithstanding any other provisions of this code to the contrary, any determination made by any city official, agent or employee under this chapter may be appealed according to the uniform appeal procedure. No abatement shall take place during such time as any appeal is pending.

(Prior code § 4-1.45.6)

The procedures provided in this chapter shall provide an alternative procedure to, and shall be in addition to, any other remedies otherwise provided by this code or by law.

(Prior code § 4-1.45.7)