[HISTORY: Adopted by the City Council of the City of Greensburg: Art. I, 2-15-1975 as Ord. No. 980; Art. II, 2-8-1982 as Ord. No. 1157. Amendments noted where applicable.]
GENERAL REFERENCES
Removal and storage of vehicles — See Ch. 253.
[Adopted 2-15-1975 as Ord. No. 980]
The City Council, having found and determined that the existence of closed, vacant and inoperative automobile service stations constitutes a danger to the public health, safety, comfort and welfare in that such conditions lead to unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism and that such abuses of property entitle this city to exercise its police powers to protect the health, safety, comfort and welfare of the community, intends the following regulations to provide for the orderly abatement and disposition of closed, vacant and inoperative automobile service stations which are determined, in accordance with the provisions contained herein, to constitute a public nuisance.
As used in this Article, the following terms shall have the meanings indicated:
ABANDONED SERVICE STATION
An automobile service station where the owner or lessee has failed to operate such station for at least three (3) consecutive months.
AUTOMOBILE SERVICE STATION
Any site where the buildings are designed, built and operated for the purpose of dispensing and selling fuels for internal combustion engines of any automotive vehicles.
BUILDING
Any aboveground improvement or structure, finished or unfinished, which is designed, built or adapted for use as or in connection with an automobile service station, regardless of its size, shape, height, location, age or state of repair, and any above or below-ground storage tanks, pipes, pumps or equipment which have previously contained any flammable substances and all paving placed in connection with the service station.
CONDITION OF NONUSE
A situation in which:
A. 
When all of the subsurface tanks used for storage of flammable substances at an 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 nonuse; or
B. 
After a voluntary discontinuance of an automobile service station as a nonconforming use, the City Council may find that such discontinuance constitutes nonuse.
ENFORCEMENT AUTHORITY
The Code Enforcement Department of the City of Greensburg.
A. 
Any automobile service station in a condition of nonuse or an abandoned service station is hereby declared to be a public nuisance.
B. 
Upon discovery of facts that there exist conditions constituting a public nuisance, the Enforcement Authority is hereby authorized to immediately commence the proceedings authorized by this Article to cause the abatement of such public nuisance in the manner prescribed by this Article or otherwise prescribed by law.
C. 
Abatement may be accomplished either by:
(1) 
Reoccupation by the owner or any tenant, lessee or other party entitled to possession and reinstitution of the previously permitted automobile service station uses, after having obtained an inspection and all permits required by the code, including but not limited to building permits; or
(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.
Upon discovery of conditions constituting a public nuisance, as defined in § 103-3A, the Enforcement Authority shall give notice to cause abatement. Notification shall 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 Westmoreland disclose claim an interest in the automobile service station. The notice shall be in such form as may be prescribed by the Enforcement Authority to inform the owners of interests in the property of the conditions on the premises.
If the public nuisance is abated by the owner of any service station which is in a condition of nonuse or abandonment within the sixty-day period allowed in the notice of violation, the Enforcement Authority shall cease further abatement proceedings.
A. 
Further abatement proceedings shall be pursued by the city when the notice of violation, as provided in § 103-4, has been served and abatement of the public nuisance has not been accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Enforcement Authority may 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.
B. 
In the event that the owner of a service station which is in a condition of nonuse or abandonment fails to abate the public nuisance within the time allowed, the Enforcement Authority 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 Recorder of the County of Westmoreland disclose claim an interest in the automobile service station.
Any party aggrieved with the proceedings, decision or action taken by the City Council under this section 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.
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 zoning variances to be granted after February 15, 1975, for real property in which an automobile service station is located shall contain in boldface type the following statement:
"THIS PERMIT IS GRANTED SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 980 OF THE CITY OF GREENSBURG. A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT BY PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDINGS, INCLUDING UNDERGROUND EQUIPMENT AND FOUNDATIONS."
No permit or other authorization for the construction or operation of any new service station shall be granted until the prospective owner of such station has abated any other service station in a condition of nonuse or abandonment which he may own in the city.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punishable by a fine not exceeding six hundred dollars ($600.) or a period of imprisonment not exceeding ninety (90) days, or both such fine and imprisonment.
[1]
Editor's Note: Added at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[Adopted 2-8-1982 as Ord. No. 1157]
As used in this Article, the following terms shall have the meanings indicated:
RETAIL FILLING STATIONS
Any place in the City of Greensburg where pumps or other dispensing devices are available for the dispensing of gasoline or other inflammable liquids or for the dispensing of such materials to more than (5) persons, users or vehicles per day and such dispensing is done only by the station attendant.
SELF-SERVICE STATIONS
Any place in the City of Greensburg where pumps or other such dispensing is done by the customer only when all requirements are met for the safety of such dispensing.
Every retail filling station located in the City of Greensburg shall at all times have posted at each pump on the premises a sign of a minimum size of twelve by fifteen (12 x 15) inches, with lettering no less than a uniform size of one-half ( 1/2) inch, containing the following statement:
"IT IS UNLAWFUL UNDER ORDINANCE NO. 1157 OF THE CITY OF GREENSBURG FOR CUSTOMERS TO HANDLE PUMPS OR HOSES FOR DISPENSING OF INFLAMMABLE LIQUIDS AT THIS STATION."
Every self-service filling station located in the City of Greensburg shall follow the following regulations:
A. 
Obtain all proper permits and meet all state requirements.
B. 
Meet all requirements of the BOCA Fire Prevention Code as enacted by the City of Greensburg[1] and the National Fire Protection Association Code.
[1]
Editor's Note: See Chapter 157, Fire Prevention.
C. 
Install on each service island a total suppression system designed by a suppression system engineer and approved by the Fire Marshal. This system will have automatic firing capability and also manual firing capability from the service island and from the control point in the station.
D. 
Install for each self-service station a master fire alarm box, self energized, located on the outside of the structure, meeting all city requirements for proper installation. This box will trip automatically if there should be a firing of the suppression system, either automatically or manually. There shall also be a manual pull station located at the control desk in the station. The box shall be a Gamewell Fire Alarm Box, and final installation approved and assignment numbers shall be obtained from the City Electrician.
Any person, firm, partnership or corporation who or which shall violate the provisions of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than one thousand dollars ($1,000.) for violations of the Fire Prevention Code[2] and six hundred dollars ($600.) for violations of the other provisions of this Article or be imprisoned for not more than ninety (90) days, or both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[2]
Editor's Note: See Chapter 157, Fire Prevention.
This Article shall apply to all new stations and existing stations in the City of Greensburg.[1]
[1]
Editor's Note: Original Section 7, which immediately followed this section and dealt with the compliance period for existing stations (which period has since expired), was deleted at time of adoption of Code; see Chapter 1, General Provisions, Art. I.