Chapter 17.44

ABATEMENT OF ABANDONED SERVICE STATIONS*

Parts:

• 1 General Provisions and Definitions 2 Abatement Actions - Procedure

Part 1

GENERAL PROVISIONS AND DEFINITIONS

Sections:

*State law reference— For statutory provisions authorizing cities to declare and abate nuisances, see Gov. Code § 38771 et seq.

• 17.44.060 Abandoned gasoline service station - Abatement required.

The purpose of this chapter is to promote the health, safety and general welfare of the public by protecting it from health and safety hazards and from the impairment of property values which is the result of property deterioration and blight and by providing the aesthetic improvement of this city in order to preserve social and economic stability. (Prior code § 8940; Ords. 19247, 21972.)

As used in this chapter:

• A. "Building" means any and all physical improvements or structures which are designed, built or adapted solely for use as or in connection with a gasoline service station use, and shall include, but are not limited to, offices and accessory structures.

• B. "Converted use" means any conversion from a gasoline service station use to change to any other use pursuant to the provisions of Title 20 of this Code.

• C. "Equipment" includes, but is not limited to pump islands, tanks, mechanical equipment, wells, insignias, trademarks, signs, kiosks, and the supporting structures, mountings, and foundations of any of the listed items. This definition applies to gasoline service station uses and does not apply to any other use which may be operating in conjunction with such gasoline service station use.

• D. "Gasoline service station" means any lot of real property on which there exists

T17:238.6

2025-Supplement 2

BUILDINGS AND CONSTRUCTION

§ 17.44.030

buildings and/or equipment designed for commercially dispensing fuels for internal combustion engines of any type or types of automotive vehicles whether or not in conjunction with facilities for the provision of other services to customers. (Ord. 21972.)

• A. No person, firm or corporation whether as owner, lessee or sublessee shall maintain or allow to be maintained an abandoned gasoline service station. An abandoned gasoline service station is a gasoline service station which has been operated as a gasoline service station use for less than thirty consecutive days within any one hundred and eighty day period of time; and

T17:238.7

2025-Supplement 2

BUILDINGS AND CONSTRUCTION

§ 17.44.080

• B. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant thereto.

• (Ord. 21972.)

The city manager is charged with the responsibility for the enforcement of this chapter. All city employees charged with enforcement responsibilities under this Code are authorized to make such inspections and take such actions on behalf of the city manager as may be required to enforce the provisions of this chapter. (Ord. 21972.)

Abandoned gasoline service stations are hereby declared and determined to be public nuisances. (Ord. 21972.)

Whenever a gasoline service station is found to be abandoned, the city manager may commence proceedings to cause abatement actions to be taken regarding the abandoned gasoline service station in accordance with the provisions of Chapter 17.02 and this chapter. Temporary measures, when necessary, may be required prior to the time permanent abatement actions are instituted. (Ord. 21972.)

Once a gasoline service station has been abandoned as set forth in Section 17.44.030, it must be abated in accordance with the following:

• A. Said premises must be tested for soil contamination. If such contamination is found, the soil must be rendered free of such contamination through appropriate cleanup procedures. All soil testing and cleanup procedures shall be in accordance with applicable federal, state and local regulations.

  • B. Said premises shall be used or occupied for any purpose only in accordance with the following:

    1. The premises may be reinstated to a gasoline service station only if a reinstatement permit has been issued pursuant to Section 17.44.080.

    2. The premises may be converted and another use allowed by this Code pursuant to either a special use permit or a conditional use permit as set forth in Title 20 of this Code.

  • C. The premises may be abated by removal of all buildings and equipment and safeguarding or removal of any flammable or combustible liquid storage tanks, in compliance with the provisions of Chapter 17.68. The site shall be cleaned and all trash, refuse, automotive parts, vehicles and any other items on the site as a result of the gasoline service station use shall be removed.

• (Ord. 21972.)

• A. Prior to the issuance of a notice and order pursuant to Section 17.44.110, or the time Indicated on any such notice which may have been issued or within such later time as is set by the designated commission, a reinstatement permit shall be issued if the applicant demonstrates to the satisfaction of the city manager that:

  1. The gasoline service station was not a legal nonconforming use.

  2. Such reinstatement is in conformity with any site development or conditional use permit previously issued pursuant to Title 20 of this Code.

  3. All buildings or structures on the premises have been inspected and found to be in compliance with all city ordinances and state law provisions applicable to such occupancy.

T17:239

SAN JOSÉ CODE

§ 17.44.080

4. The testing required by Section 17.44. 070 has been completed and all required cleanup has been accomplished.

5. A hazardous materials permit pursuant to Chapter 17.68 has been issued.

6. The reinstatement fee has been paid as specified in the schedule of fees adopted by resolution of the city council.

• B. After all time periods specified in subsection A above have expired, no reinstatement of use of the premises as a gasoline service station, pursuant to this section, shall be permitted. Any reinstatement of use shall be treated as a new use for purposes of Title 20 and shall be required to comply with all permit requirements thereof.

• (Ord. 21972.)

Part 2

ABATEMENT ACTIONS - PROCEDURE

Sections:

Unless otherwise specified in this chapter, the abatement procedures of Chapter 17.02 shall be applicable to this chapter. Costs for any abatement performed by or on behalf of the city shall be recovered by the city pursuant to the provisions of Part 4 of Chapter 17.02.

• B. A statement that the abandoned gasoline service station must be abated in conformity with Section 17.44.070.

• (Prior code § 8940.14; 17.44.110; Ords. 19247, 21972.)

• A. Procedures used and actions taken for the abatement of abandoned gasoline service stations are not limited by this chapter. Procedures and actions under this chapter may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or gasoline service stations. All provisions of Chapter 17.68 of this Code applicable to gasoline service stations remain in full force and effect and are not modified by this chapter.

• B. All abatement actions performed pursuant to the provisions of this chapter must be performed in compliance with all provisions of this Code, including but not limited to building construction, repair or demolition, zoning, hazardous materials regulation, and fire code provisions.

• C. No person shall reoccupy or reinstate any use of any buildings on the property unless and until such buildings have been inspected and found to be in compliance with all municipal code and state law provisions applicable to such occupancy.

• (Ord. 21972.)