Rancho Cordova Municipal Code Art. XI Special Procedure for Abatement of Abandoned Drive-in Enterprises

The provisions of this article are intended to provide an alternative procedure for the abatement of abandoned drive-in enterprises.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

As used in this article, "building" shall mean any and all physical improvements or structures which are designed, built, or adopted for use as or in connection with a drive-in enterprise, and shall include any and all canopies, tables, pumps, pump islands, tanks, mechanical equipment, storage sheds, wells, foundations, signs and any and all other improvements situated on such drive-in site.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Abatement of an abandoned drive-in enterprise may be accomplished in any of the following ways:

A. Occupation by the owner, or any tenant, lessee or other party entitled to possession, and institution of the previously permitted drive-in enterprise.

B. Demolition and removal of all buildings on and in the premises and the filling of all excavations.

C. Conversion of the premises and commencement of ongoing occupancy and maintenance of the premises for another use permitted by the zoning regulations and for which all necessary permits, licenses and other entitlements have been issued.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Except as otherwise provided herein, the procedure set forth in Article V of this chapter shall be applicable to nuisances abated pursuant to this article.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. When any of the directors of public works, planning or environmental management has reason to believe that a drive-in enterprise is not in use, he shall notify the chief building official of the location of such enterprise. The chief building official may contact the owner of such enterprise and inform him generally of the procedures provided by this article for the abatement of abandoned drive-in enterprises.

B. When the chief building official has inspected or caused to be inspected any premises and has found and determined an abandoned drive-in enterprise exists upon such premises, proceedings shall commence to abate the nuisance as provided herein.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

Preliminary notice shall be provided in accordance with RCMC § 16.18.502.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Whenever the chief building official has given written notice to the owner as set forth in RCMC § 16.18.502, and at least 60 calendar days have passed from the mailing of that notice, and the owner has failed to respond or when in the opinion of the chief the negotiations with the owner to abate the nuisance are unsuccessful or not proceeding satisfactorily, an order shall be issued hereinafter referred to as "the hearing notice." The hearing notice shall direct the owner to appear before a hearing examiner to show cause why the premises should not be declared a public nuisance and the same abated by the city. The hearing notice shall be served not less than 10 calendar days prior to the hearing date.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

Hearings shall be conducted in accordance with Article V and decisions and notice provided as set forth therein.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The decision of the hearing examiner shall be in accordance with RCMC § 16.18.511; provided, however, that abatement shall be commenced and completed within 120 calendar days.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Notwithstanding any other provisions of this article to the contrary, the hearing examiner in rendering a decision pursuant to RCMC § 16.18.1109 may extend the time for abatement up to one year whenever, due to a bona fide dispute with the United States Federal Energy Administration concerning an allocation of fuel, or due to other special circumstances, it reasonably appears to the hearing examiner that a particular abandoned drive-in enterprise will be reoccupied pending resolution of said dispute or pending settlement of said circumstances.

In extending the time for abatement pursuant to this section, the hearing examiner shall attach such conditions as it deems necessary to ensure proper maintenance of the premises and protect the public health, safety and welfare.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The decision of the hearing examiner shall be enforced in accordance with Article VII of this chapter.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The costs of abatement performed by the city shall be recovered in accordance with Article X of this chapter.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)