Woodlake Municipal Code Ch. 8.08 Abandoned Gasoline Service Stations

A. The city council finds and determines that there exist closed, vacant and inoperative automobile service stations, constituting non-user, as the word "non-user" is defined in this chapter, and that there is now a need for further control over the lack of utilization, condition and appearance of such facilities.

B. It is further found and determined as follows:

1. The ordinances of the city, in pursuance of protection of the health and safety of the community, require that after underground storage tanks used for flammable or combustible liquids are taken out of service for a period of one year, such tanks shall be properly disposed of by removal or by being permanently filled. When the required action is completed the service station is rendered unusable.

2. Closed, vacant and inoperative automobile service stations constituting non-user cannot be reasonably expected to be utilized for the purposes originally established, inasmuch as the cost of restoring permanently filled underground fuel storage tanks or replacing fuel storage tanks underground for ones which have been removed as excessive.

3. Automobile service stations cannot be readily adapted for use as other commercial facilities without excessive cost due to their unique location on the property with respect to property lines, their unique architectural design, and their unique functional layout on the property.

4. Because of cost and design considerations, closed, vacant and inoperative automobile service stations constituting non-user cannot be reasonably expected to be utilized for the purposes originally established or adapted for other permitted uses, or moved for use elsewhere, and the existence of such conditions contravene the purposes of the zoning ordinances and the general plan of the city in that planning for a compatible blend of land uses will be disrupted because the lands affected cannot be reasonably put to other uses until the existing conditions are abated by restoration or removal of the buildings, and also in that planning for other uses will be prevented unless such abatement is accomplished.

5. The existence of closed, vacant and inoperative automobile service station sites constituting non-user is injurious and inimical to the public health, safety, comfort and welfare of the community in that such conditions invite unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism, and the existence of conditions which invite such ills constitute such abuses of property as to entitle this city to exercise its police powers in order to protect the health, safety, comfort and welfare of the community and of its residents.

6. The provisions of this chapter are categorically exempt under this city's adopted environmental guidelines and procedures.

C. It is further found and determined that this city has the responsibility for strict enforcement of zoning and building regulations and that in the interest of safeguarding the public health, safety, comfort and welfare of the community, abatement is now required of closed, vacant and inoperative automobile service stations which constitute non-user.

D. It is further found and determined that the exercise of the city's police powers for the abatement of such conditions is reasonably encompassed within the authorizations granted by Section 731 of the California Code of Civil Procedure; by Sections 65800, et seq., Section 38600 and Sections 38771, 38773 and 38773.5 of the California Government Code; by Article 11, Section 6 and Article 11, Section 7 of the California Constitution; and that the existence of the conditions heretofore described are also encompassed within the meaning of a nuisance as stated in Section 3479 and Section 3480 of the California Civil Code.

E. It is further found and determined that unless corrective measures are undertaken to alleviate such present conditions, and particularly, to avoid future problems in this regard, a serious threat to the public health, safety, comfort and welfare of the residents and a serious threat to the values of surrounding properties in this city will continue to exist; that the need of the city of death with conditions under the procedures herein established outweighs the utility of the conditions as they exist; and that the procedures established hereby for the abatement, demolition and removal and/or enjoinment of the conditions declared by this chapter to constitute public nuisances are declared to be necessary and reasonable, and that they afford a maximum of due process.

(Ord. 302 §§ 1—5, 1976)

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 non-user, and which are determined by the application of the provisions contained herein, to constitute a public nuisance.

(Ord. 302 § 6.01, 1976)

Any closed, vacant and inoperative automobile service station constituting non-user as defined in this chapter is declared to be a public nuisance.

(Ord. 302 § 6.02, 1976)

Upon discovery of facts that there exist conditions constituting a public nuisance as defined herein, the duly constituted authorities of the city are authorized to immediately commence the proceedings authorized by this chapter to cause the abatement, removal and/or enjoinment of such public nuisance in the manner prescribed by law.

(Ord. 302 § 6.03, 1976)

All permits relating to the use, occupancy, construction or repair on or in any real property of any automobile service station and any permits relating to any activities to be pursued thereon or therein, and all zone variances to be granted after March 15, 1976, for the 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 ORDINANCE NO. _____ OF THE CITY OF WOODLAKE, CALIFORNIA. A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT BY PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDINGS, INCLUDING ALL UNDERGROUND EQUIPMENT AND FOUNDATIONS. SUCH A VIOLATION MAY ALSO RESULT IN ENFORCEMENT BY PROSECUTION FOR MISDEMEANOR. NOTHING CONTAINED IN ORDINANCE NO. _____ SHALL PREVENT APPLICATION OF OTHER PROVISIONS OF THE ORDINANCES OF THE CITY OF WOODLAKE.

The superintendent of public works 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.

(Ord. 302 § 6.04, 1976)

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

1. Re-occupation by the owners, 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 chapter 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.

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 of the city relating to requirements for occupancy as were applicable to the buildings as they existed prior to the state of non-use. Applicants must remit applicable fees for such inspection.

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

Notwithstanding any other provision of this chapter to the contrary, any determination made by any city officials, agent or employee under this chapter may be appealed to the city council.

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

"Building" means any physical improvement or structural 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.

Discontinuance of Nonconforming Use. Pursuant to this chapter after a voluntary discontinuance of an automobile service station as a nonconforming use, the city council may find that such discontinuance constitutes non-user and a public nuisance.

"Duly constituted authorities" means the officers, agents or employees of the city to whom the authority is delegated by this chapter to carry out its provision.

Non-user—Conditions. When all of the subsurface tanks which are used for storage of flammable substances at any automobile service station site have been permanently filled or removed, the city council may, upon making a finding that the site can no longer be reasonably used for an automobile service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative and the conditions constitute non-user.

(Ord. 508 § 1 (part), 1995; Ord. 302 § 6.05, 1976)

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.

(Ord. 302 § 6.06, 1976)

Upon discovery of conditions constituting a public nuisance as defined in this chapter, the duly constituted authorities of the city as hereinafter designated are delegated the authority to initiate the proceedings authorized by this chapter to cause the abatement, removal and/or enjoinment of such public nuisance. The superintendent of public works 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 recorder of the county of Tulare disclose claim an interest in the real property. The notification shall be in the following form:

NOTICE OF VIOLATION

DECLARATION OF VIOLATION OF ORDINANCE NO. _____ OF THE CITY OF WOODLAKE, RELATING TO THE STATE OF NON-USE OF CLOSED, VACANT OR INOPERATIVE SERVICE STATIONS.

_____

NOTICE IS HEREBY GIVEN that as of the _____ day of _____ , 19___ , the Superintendent of Public Works of the City of Woodlake, California, has found and determined that conditions exist on the real property described as Tulare County Assessor's Parcel No. _____ , commonly known as _____ , Woodlake, California, which constitute a public nuisance and a violation of the provisions of Ordinance No. _____ , of the City of Woodlake, in that the _____ _____ on said real property is in a state of non-use;

That notwithstanding any other provisions of the Ordinances of the City of Woodlake, failure to abate the nuisance by re-occupation and re-institution of use of the premises or by demolition or by demolition and removal of all structures, according to the provisions of this Ordinance within sixty (60) days from the date of delivery of this Notice, enforcement proceedings for the abatement, removal and/or enjoinment of said public nuisance shall be commenced pursuant to the provisions of this Ordinance.

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 entities affected by this Notice, other than City officials, agents or employees, appropriate permits will 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 this Ordinance.

DATED: ___________. _____ Superintendent of Public Works City of Woodlake, California. 350 North Valencia Boulevard Woodlake, California 93286

(Ord. 302 § 6.07, 1976)

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 superintendent of public works shall cease further abatement proceedings.

A. Before re-occupancy or re-use will be permitted, the party or parties seeking to re-occupy or reuse the buildings must first request an inspection and adhere to the procedures prescribed in 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 zoning regulations, the superintendent of public works shall then either issue a certificate of occupancy, if required, and/or notify the party or parties in writing by personal service or by certified mail that re-occupancy may be permitted for re-institution of the automobile service station uses.

(Ord. 302 § 6.08, 1976)

Further abatement proceedings shall be pursued as provided herein, when the notice of violation as provided in Section 8.08.080 has been served and abatement of the public nuisance has not been accomplished within the sixty (60) day period as prescribed herein. However, if abatement of the public nuisance has been commenced within the sixty (60) day period, the superintendent of public works is 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.

(Ord. 302 § 6.09, 1976)

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 8.08.100, the superintendent of public works shall cause notification to be personally served or sent by certified mail to the person, firm, corporation and other entities which the records of the recorder of the county of Tulare disclose claim an interest in the real property. The notification shall be in the following form:

N O T I C E

HEARING ON ABATEMENT OF PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN that on the _____ day of _____, 19___, at the hour of _______, of said day, the City Council of the City of Woodlake, California, will hold a public hearing in the Council Chambers of the Woodlake City Hall, located at 350 North Valencia Boulevard, Woodlake, California, to ascertain whether closed, vacant or inoperative facilities on certain premises in the City of Woodlake described as Tulare County Assessor's Parcel No. _____, commonly known as _______, Woodlake, California, constitute non-use and a public nuisance as defined in Ordinance No. of the City of Woodlake and require abatement as prescribed in said ordinance.

The conditions which shall be the subject of the public hearing are as follows:

_____

_____

That if the state of non-use is found to constitute a public nuisance as defined in said ordinance, 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;

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; that all proceedings hereunder are categorically exempt under this City's adopted Environmental Guidelines and Procedures.

DATED: ___________. _____ Superintendent of Public Works City of Woodlake, California 350 North Valencia Boulevard Woodlake, California 93286

B. The superintendent of public works shall also cause a copy of the notice of hearing to be posted conspicuously on each of the premises and buildings affected.

C. The superintendent of public works 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 service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the city council.

D. Notice of the hearing shall also be published in a newspaper of general circulation in accordance with Section 65854 of the California Government Code.

(Ord. 302 §§ 6.10—6.13, 1976)

The city council may prescribe rules governing the procedure of hearings conducted by it. A quorum for a hearing shall consist of at least three members. Any act or decision requires the concurrence of a majority of members of the city council.

A. At the hearing, after the city, through the superintendent of public works, and other officials as the city council shall require, shall have stated its case and presented its evidence, any interested person, firm, corporation or other entity may state their evidence, objections, protests and give testimony relative to the alleged public nuisance or to the proposed abatement.

B. After all such testimony, if the city council finds and determines that the alleged state of non-use on the real property exists and that it constitutes a public nuisance as defined in this chapter, and that the public nuisance requires abatement by means of re-institution of previously permitted automobile service station uses within a stated period of time, including rehabilitation and repair, or order demolition and removal of all closed, vacant and inoperative buildings and by filling of all excavations as prescribed in this chapter within a stated period of time. Demolition or removal may include removal of all subsurface items. The city council's order may also include the revocation of any permits or variances previously granted, notwithstanding any other provisions of the ordinances of the city.

C. The city council's order may also provide that if abatement is not commenced within the period of time the city council has found and determined to be reasonable under the circumstances (but in no event less than thirty (30) days from 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 and/or enjoinment of the public nuisance.

D. Any costs incurred by the city in bringing about the required demolition, and removal of buildings and filling of excavations may be ordered by the city council to be charged to the persons claiming by virtue of the records of the recorder of the county of Tulare 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 those set forth in Chapters 8 and 9 of the Uniform Building Code for Repair, Vacation or Demolition of Dangerous Buildings, 1991 Edition, heretofore adopted by the city.

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

F. Limitation of Action. Any party aggrieved with the proceedings, decision or action taken by the city council under this chapter in ordering the abatement of a public nuisance or other order, must 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 city council.

G. Service of Resolution. Any action taken or order made by the city council under 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 8.08.110 (A) not later than fourteen (14) calendar days following the decision of the city council.

(Ord. 508 § 1 (part), 1995; Ord. 302 § 6.14, 1976)