Simi Valley Municipal Code Ch. 1 Abandoned Service Stations

Footnotes:

--- (1) ---

Sections 4-1.01 through 4-1.05, recodified from Sections 8159-0, 8159-1, 8159-3, and 8159-4, S.V.M.C., as added by Ordinance No. 153, impliedly repealed by Ordinance No. 681, effective March 30, 1988. Sections 4-1.06 through 4-1.19, recodified from Sections 8159-2 and 8159-5 through 8159-11, S.V.M.C., as added by Ordinance No. 153, repealed by Ordinance No. 457, effective November 10, 1980.

The regulations contained in this Chapter are intended to provide for the orderly abatement and disposition of closed, vacant, and inoperative automobile service stations constituting nonuser and which are determined by the application of the provisions contained in this Chapter to constitute a public nuisance.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

Any closed, vacant, and inoperative automobile service station constituting nonuser and covered by subsection (c) of Section 4-1.05 of this chapter is hereby declared to be a public nuisance.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

Upon the discovery of facts that there exist conditions constituting a public nuisance as defined in Section 4-1.02 of this chapter, the duly constituted authorities of the City are hereby authorized to immediately commence the proceedings authorized by this section to cause the abatement, removal, or enjoinment of such public nuisance in the manner prescribed by this chapter or as otherwise prescribed by law.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

All permits relating to the use, occupancy, construction, or repair on or in any real property of any automobile service station, and any permit relating to any activity to be pursued thereon or therein, and all zone variances to be granted after July 25, 1973, for real property in which an automobile service station is located shall contain in bold-face type the following statement:

This _______ is granted subject to the provisions of Chapter 1 of Title 4 of the Simi Valley Municipal Code. A violation of these provisions may result in enforcement by proceedings for bringing about the removal of all buildings, including all underground equipment and foundations. Such a violation may also result in enforcement by prosecution for a misdemeanor. Nothing contained in said Chapter 1 shall prevent the application of other provisions of the Municipal Code.

The Director of Environmental Services and the Planning Commission shall cause the above-quoted language to be incorporated into permits which fall within their jurisdiction to grant in connection with automobile service station uses.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by § 2, Ord. 873, eff. November 21, 1996)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phases used in this chapter are defined as follows:

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

(b) "Building" shall mean 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, and septic tanks, foundations, all paving, and any other material originally placed in connection therewith on or at any depth beneath the surface of the real property.

(c) "Nonuser" shall mean:

(1) Conditions. When the site has been closed, vacant, or inoperative for six (6) months, the Council may declare the site and all buildings thereon and therein to be closed, vacant, and inoperative, and the conditions constitute nonuser.

(2) Discontinuance of nonconforming uses. Pursuant to subsection (c) of Section 9-1.1203 of Article 12 of Chapter 1 of Title 9 of this Code, after a voluntary discontinuance of an automobile service station as a nonconforming use, the Council may find that such discontinuance constitutes nonuser and a public nuisance.

(d) "Duly constituted authorities" shall mean the officers, agents, or employees of the City to whom the authority is delegated by Section 9-1.1305 of Article 13 of Chapter 1 of Title 9 of this code to carry out its provisions.

(e) Abatement.

(1) Abatement may be accomplished in either of the following ways:

(i) Reoccupation by the owner, or any tenant, lessee, or other party entitled to the possession and reinstitution 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; or

(ii) The demolition and removal of all buildings on or in the premises and the filling of all excavations after having obtained the applicable permits required for such work, including, but not limited to, building permits and grading permits.

(2) Prior to any reoccupation or reuse of any building on or in the premises, the party intending to occupy the building shall first apply to the Department of Environmental Services for an 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 shall remit applicable fees for such inspections.

(3) Any reoccupation or reuse of any building on or in the premises shall also comply with all the applicable provisions of Chapter 1 of Title 9 of this Code.

(4) Notwithstanding any other provision 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 provisions of Chapter 4 of Title 1 of this Code.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by §§ 3, 4, Ord. 873, eff. November 21, 1996)

The provisions of this chapter shall apply to all persons or entities who claim or hold an interest in the building or in the real property, except as may be prohibited by law.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

Upon the discovery of conditions constituting a public nuisance as defined in Section 4-1.02 of this chapter, the duly constituted authorities of the City as hereinafter designated are hereby delegated the authority to initiate the proceedings authorized by this chapter to cause the abatement, removal, or enjoinment of such public nuisance. The Director of Environmental Services 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 County Recorder disclose claim an interest in the real property. The notification shall be in the following form:

Notice of Violation

Declaration of Violation of Chapter 1 of Title 4 of the Municipal Code Relating to the State of Nonuse of Closed, Vacant, or Inoperative Service Stations

Notice is hereby given that as of the _____ day of ________, 20___, the Director of Environmental Services of the City of Simi Valley, California, has found and determined that conditions exist on the real property described as Ventura County Assessor's Parcel No._____, commonly known as _______, Simi Valley, California, which constitute a public nuisance and a violation of the provisions of Section _____ of the Simi Valley Municipal Code, in that the _______ on said real property is in a state of nonuse;

That notwithstanding any other provision of said Municipal Code, failure to abate the nuisance by reoccupation and reinstitution of the use of the premises or by demolition and removal of all structures, according to the provisions of Section 4-1.07 of Chapter 1 of Title 4 of the Municipal Code, within sixty (60) days after the date of delivery of this notice, enforcement proceedings for the abatement, removal, or enjoinment of said public nuisance shall be commenced pursuant to the provisions of said Section 4-1.07; and

That if any demolition, dismantling, moving, removal, addition to, or restoration or repair of any buildings, or reoccupancy of the premises, is to be accomplished, or if any excavation of earth is to be performed by persons or entities 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.

Notice of any further proceedings to be pursued by the City to abate the aforesaid conditions shall be given in the manner prescribed in said Chapter 1.

DATED:________

___________

DIRECTOR OF ENVIRONMENTAL SERVICES

City of Simi Valley, California

2929 Tapo Canyon Road

Simi Valley, California 93063

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by §§ 5—7, Ord. 873, eff. November 21, 1996)

If the public nuisance is abated by the party or parties to whom the City looks for compliance within the sixty (60) day period allowed in the notice of violation, the Director of Environmental Services shall cease further abatement proceedings.

(a) Before reoccupancy or reuse will be permitted, the party or parties seeking to reoccupy or reuse the buildings shall first request an inspection and adhere to the procedures prescribed in subsections (1), (2), and (3) of subsection (e) of Section 4-1.05 of this chapter.

(b) If the building is found by the inspector to be in satisfactory condition, or any deficiencies discovered are corrected, and any required zone clearance has been issued, or compliance with the zoning regulations has been acknowledged by the Department of Environmental Services, the Director of Environmental Services shall then either issue a certificate of occupancy, if required, or notify the party or parties in writing by personal service or by certified mail that reoccupancy may be permitted for reinstitution of the automobile service station uses.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, as amended by §§ 8, 9, Ord. 873, eff. November 21, 1996)

Further abatement proceedings shall be pursued as provided in Sections 4-1.02 through 4-1.11 of this chapter when the notice of violation, as provided in Section 4-1.07 of this chapter, has been served and the abatement of the public nuisance has not been accomplished within the sixty (60) day period as prescribed in said Section 4-1.07. However, if the abatement of the public nuisance has been commenced within the sixty (60) day period, the Director of Environmental Services is hereby delegated the authority to grant a single extension of time for thirty (30) days for good cause shown, such as delays beyond the control of the affected party or parties.

(a) In the event the party or parties to whom the City looks for abatement fail to abate the public nuisance within the time allowed in Section 4-1.08 of this chapter, the Director of Environmental Services shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations, and other entities which the records of the County Recorder disclose claim an interest in the real property. The notification shall be in the following form:

Notice

Hearing on Abatement of Public Nuisance

Notice is hereby given that on the _____ day of ________, 20___, at the hour of _____ of said day, the City Council of the City of Simi Valley, California, will hold a public hearing in the Council Chambers of the Simi Valley City Hail, located at 2929 Tapo Canyon Road, Simi Valley, California, to ascertain whether closed, vacant, or inoperative facilities on certain premises in the City of Simi Valley described as Ventura County Assessor's Parcel No. _____, commonly known as _______, Simi Valley, California, constitute nonuse and a public nuisance as deemed in Chapter 1 of Title 4 of the Simi Valley Municipal Code and require abatement as prescribed in said Chapter 1. The conditions which shall be the subject of the public hearing are as follows:

_____

_____

_____ ;

That if the state of nonuse is found to constitute a public nuisance as deemed in Section 4-1.02 of Chapter 1 of Title 4 of said Code, and the public nuisance has not been abated by the parties responsible therefor, such public nuisance may be ordered by the City Council to be abated by the persons claiming an interest in the real property, or may be ordered to be abated by the duly constituted authorities of this City and the cost thereof charged to the parties responsible or placed as a lien against the real property; and

That all persons having any objection to or interest in said matters are hereby notified to attend the meeting stated in this notice when their testimony and evidence will be heard and given due consideration; and that all proceedings hereunder are categorically exempt under the City's adopted Environmental Guidelines and Procedures.

DATED:________

___________

DIRECTOR OF ENVIRONMENTAL SERVICES

City of Simi Valley, California

2929 Tapo Canyon Road

Simi Valley, California 93063

(b) The Director of Environmental Services shall also cause a copy of the notice of hearing to be posted conspicuously on each of the premises and buildings affected.

(c) The Director of Environmental Services shall cause a copy of the notice of hearing to be served personally or by certified mail and to be posted at least fifteen (15) days before the time fixed for the hearing. Proof of the service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the Council.

(d) Notice of the hearing shall also be published in a newspaper of general circulation in accordance with Section 65090 of the Government Code of the State.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by §§ 10—14, Ord. 873, eff. November 21, 1996)

The Council may prescribe rules governing the procedure of hearings conducted by it. A quorum for a hearing shall consist of at least three (3) members. Any act or decision shall require the concurrence of a majority of the members of the Council.

(a) At the hearing, after the City, through the Director of Environmental Services and other officials as the Council shall require, shall have stated its case and presented its evidence, any interested person, firm, corporation, or other entity may state its evidence, objections, and protests and give testimony relative to the alleged public nuisance or to the proposed abatement.

(b) After all such testimony, if the Council finds and determines that the alleged state of nonuse on the real property exists, and that it constitutes a public nuisance as defined in Section 4-1.02 of this chapter, and that the public nuisance requires abatement, the Council may allow abatement by means of the reinstitution of previously permitted automobile service station uses within a stated period of time, including rehabilitation and repair, or order the demolition and removal of all closed, vacant, and inoperative buildings and the filling of all excavations, as prescribed in subsection (e) of Section 4-1.05 of this chapter, within a stated period of time. Demolition or removal may include the removal of all subsurface items described in subsection (b) of said Section 4-1.05. The Council's order may also include the revocation of any permit or variance previously granted, notwithstanding any other provision of this Code.

(c) The Council's order may also provide that if abatement is not commenced within the period of time the Council has found and determined to be reasonable under the circumstances (but in no event less than thirty (30) days after the date of the order) that further City-initiated proceedings shall be implemented according to law, including demolition and removal by the City or through contract. The order may also include as an alternative an instruction to the City Attorney, that if abatement is not commenced and accomplished as prescribed, to institute appropriate court proceedings for the demolition, removal, or enjoinment of the public nuisance.

(d) Any cost incurred by the City in bringing about the required demolition and removal of buildings and filling of excavations may be ordered by the Council to be charged to the persons claiming by virtue of the records of the County Recorder to be the owners of the real property or to be charged as a lien against the real property itself. The procedure to be followed in determining the costs shall be that set forth in the Code for the Repair, Vacation, or Demolition of Dangerous Buildings, current edition, heretofore adopted by the City.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by § 15, Ord. 873, eff. November 21, 1996)

The procedures provided in this chapter shall be in addition to any other remedies otherwise provided by law.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

Any party aggrieved with the proceedings, decision, or action taken by the Council pursuant to this chapter in ordering the abatement of a public nuisance or other order shall bring an action to contest such proceeding, decision, action, or order within thirty (30) days after the date of the decision, action, or order of the Council.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)

Any action taken or order made by the Council pursuant to this chapter shall be by resolution. A copy of the resolution shall be served personally or by certified mail to all parties who were entitled to notice under Section 4-1.10 of this chapter not later than fourteen (14) calendar days following the decision of the Council.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988)