Sacramento Municipal Code Ch. 8.12 Abatement Procedure for Abandoned Drive-in Enterprises

The provisions of this chapter are intended to provide a procedure for the abatement of abandoned drive-in enterprises. (Prior code § 61.11.1101)

As used in this chapter, "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. (Prior code § 61.11.1102)

Abatement of an abandoned drive-in enterprise may be accomplished in either 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. (Prior code § 61.11.1103)

Except as otherwise provided herein the procedure set forth in Chapter 8.04 of this title shall be applicable to nuisances abated pursuant to this chapter. (Prior code § 61.11.1104)

A. When any department head has reason to believe that a drive-in enterprise is not in use, he or she shall notify the director of building inspections of the location of such enterprise. The director of building inspections may contact the owner of such enterprise and inform him generally of the procedures provided by this chapter for the abatement of abandoned drive-in enterprises.

B. When the director of building inspections has inspected or caused to be inspected any premises and he or she has found and determined that an abandoned drive-in enterprise exists upon such premises, he or she shall commence proceedings to cause abatement of the nuisance as provided herein. (Prior code § 61.11.1105)

Preliminary notice shall be provided in accordance with Section 8.04.120 of this title. (Prior code § 61.11.1106)

Whenever the director of building inspections has given written notice to the owner as set forth in Section 8.04.120 of this title, and at least sixty (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 director the negotiations with the owner to abate the nuisance are unsuccessful or not proceeding satisfactorily, he or she shall issue an order hereinafter referred to as "the hearing notice." The hearing notice shall direct the owner to appear before the board 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 ten (10) calendar days prior to the hearing date. (Prior code § 61.11.1107)

Hearings shall be conducted in accordance with Chapter 8.04 of this title and notice provided as set forth therein except as follows:

A. The hearing provided by Section 8.04.180 of this title shall be conducted by the board rather than a hearing examiner.

B. The decision of the board is appealable to the city council as set forth in prior code Section 61.05.524.

C. The provisions of prior code Section 61.05.523 are not applicable to nuisances to be abated pursuant to this chapter. (Prior code § 61.11.1108)

The decision of the board shall be in accordance with prior code Section 61.05.521; provided, however, that abatement shall be commenced and completed within one hundred twenty (120) calendar days. (Prior code § 61.11.1109)

Notwithstanding any other provisions of this title to the contrary, the board in rendering a decision pursuant to prior code Section 61.05.521 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 board that a particular abandoned drive-in enterprise will be reoccupied pending resolution of said dispute or pending settlement of said special circumstances.

In extending the time for abatement pursuant to this section, the board shall attach such conditions as it deems necessary to ensure proper maintenance of the premises and protect the public health, safety and welfare. (Prior code § 61.11.1110)

The decision of the board shall be enforced in accordance with Chapter 8.04 of this title. (Prior code § 61.11.1111)

The costs of abatement performed by the city shall be recovered in accordance with Chapter 8.04 of this title. (Prior code § 61.11.1112)