It is hereby determined that the abandoned service stations warrant special consideration and regulations to promote the health, safety, and general welfare of the residents of the city for the following reasons:
(a) 
They represent a degree of danger to life and property due to the use and storage of flammable and combustible liquids or the hazardous accumulation of vapors in underground tanks and other containers after such liquids are removed.
(b) 
By their very nature they are traditionally located at prominent locations at major intersections and, therefore, are uniquely conspicuous and subject to vandalism when abandoned.
(c) 
They have distinctive physical appearance which often cannot be easily or inexpensively adapted to other uses.
(d) 
Abandoned service stations, the underground storage tanks of which have been safeguarded or removed, often are not thereafter used as service stations due to the cost of replacing such tanks or restoring them to serviceable condition.
(e) 
The unenclosed characteristic of service stations invite vandalism, arson, and other fire hazards.
(Zoning Code, Ch. 108, § 1083.1)
Any abandoned service station is hereby declared a public nuisance which shall be abated pursuant to the procedure herein provided.
(Zoning Code, Ch. 108, § 1083.2)
Upon discovery of conditions indicating that a service station may have been abandoned, the director of community development shall cause a notice to be served personally or by mail on the owner of the real property on which the service station is located at his or her address as disclosed on the last equalized assessment roll on file in the assessor's office of San Diego County or as known to the director of community development, and on the person, if any, occupying or otherwise in real or apparent charge and control of the service station. The director of community development also shall cause the notice to be posted on the service station.
(Zoning Code, Ch. 108, § 1083.3.1; Ord. No. 2018-07R, § 7, 4-18-18)
The director of community development also shall cause the notice to be served on each of the following persons: The holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or interest of record in or to the service station or the real property on which such service station is located. The failure of the director of community development to make or attempt service to any person who is required to be served pursuant to the provisions of this subsection shall not invalidate any proceedings hereunder as to any other person duly served.
(Zoning Code, Ch. 108, § 1083.3.2; Ord. No. 2018-07R, § 7, 4-18-18)
The director of community development shall cause the notice to be served and posted pursuant to the provisions of this section at least 15 days before the date of any hearing as set in such notice.
(Zoning Code, Ch. 108, § 1083.3.3; Ord. No. 2018-07R, § 7, 4-18-18)
Proof of service or posting of the notice shall be documented at the time of service or posting by a declaration under penalty of perjury executed by the person effecting service or posting, declaring the time, place, and manner in which service or posting was made.
(Zoning Code, Ch. 108, § 1083.3.4)
The notice shall contain the following:
(a) 
The street address and a legal description sufficient for identification of the premises on which the service station is located.
(b) 
A statement that the director of community development has discovered conditions, and a description of such conditions, indicating that the service station may have been abandoned.
(c) 
A statement of the date, time, and place of a hearing before the planning commission at which any interested person may appear to offer any relevant evidence and at the conclusion of which the planning commission shall decide whether or not the service station has been abandoned.
(d) 
A statement advising that, if the planning commission decides that the service station is abandoned, the planning commission shall order that the public nuisance be abated within a period of time, not less than 60 days nor more than 180 days, as the planning commission deems reasonable, commencing upon service of the planning commission's written findings of fact, decision, and order of those persons identified in section 33-832 of this article. The public nuisance shall be abated by any of the following means:
(1) 
Reoccupation and reinstitution of a service station use pursuant to all applicable provisions of this code; or
(2) 
Conversion to another use pursuant to all applicable provisions of this code; or
(3) 
Removal of all buildings or structures, safeguarding or removing any flammable or combustible liquid storage tanks, and cleaning of the site, all pursuant to applicable provisions of this code.
(e) 
A statement advising that, if the service station is deemed a nuisance and if such nuisance is not abated within the time stipulated, it will be abated by the city and the cost of abatement will be assessed on the land from which such nuisance is removed and will constitute a lien on such land until paid.
(f) 
A statement advising that the planning commission's determination is final unless judicial review is sought in accordance with section 33-839 of this article.
(Zoning Code, Ch. 108, § 1083.3.5; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
At the conclusion of the hearing, the planning commission shall consider the evidence presented and shall make written findings of fact, based on the evidence, to support its decision and order.
(b) 
The planning commission shall decide whether or not the service station is abandoned.
(c) 
If the planning commission decides that the service station is abandoned, it shall order that the public nuisance be abated within a period of time, not less than 60 days nor more than 180 days, as the planning commission deems reasonable, commencing upon service of the planning commission's findings, decision, an order on those persons identified in section 33-832 of this article. The planning commission shall advise further that the public nuisance may be abated by any of the following means:
(1) 
Reoccupation and reinstitution of a service station use pursuant to all applicable provisions of this code; or
(2) 
Conversion to another use pursuant to all applicable provisions of this code; or
(3) 
Removal of all buildings or structures, safeguarding or removing any flammable or combustible liquid storage tank, and cleaning up the site, all pursuant to applicable provisions of this code.
(Zoning Code, Ch. 108, § 1083.4)
The planning commission's written findings of fact and decision shall be served on those persons identified in section 33-832 of this article.
(Zoning Code, Ch. 108, § 1083.5)
The decision and order of the planning commission is final unless a judicial review thereof is sought from an appropriate court within 30 days after such decision and order is made.
(Zoning Code, Ch. 108, § 1083.6)
(a) 
If the public nuisance is not abated pursuant to the planning commission's decision and order, in addition to any other lawful procedure authorized by this code, the director of community development shall enforce such decision and order in the following manner.
(b) 
The director of community development shall issue an order to the director of public works to accomplish the following work: removal of all buildings or structures, safeguarding or removing of any flammable or combustible liquid storage tanks, and cleaning of the site, all pursuant to applicable provisions of this code.
(c) 
The cost of the work shall be paid from the abandoned service station fund, a special revolving fund which is hereby established. Payment shall be made out of such fund upon demand of the director of public works to defray the cost and expenses which may be incurred by the city in causing the necessary work to abate the nuisance of an abandoned service station.
(d) 
The city council may at any time transfer to the abandoned service station fund, out of any money in the general fund of the city such sums as it may deem necessary in order to expedite the performance of the work to abate the nuisance of an abandoned service station, and any sum so transferred shall be deemed a loan to such fund and shall be repaid out of the proceeds of the assessments hereinafter provided for in this article. All funds collected under the proceedings hereinafter provided for, either upon voluntary payments or as a result of the sale of property after delinquency, shall be paid when collected to the finance director, who shall place the same in the abandoned service station fund.
(e) 
The director of public works shall keep an itemized account of the net expense incurred by the city in the work to abate the nuisance of an abandoned service station. Upon completion of such work, the director of public works shall prepare and file with the city clerk a report specifying the work done, the itemized net cost of the work, a description of the real property upon which the service station is or was located, the names and addresses of the persons entitled to notice pursuant to section 33-831 of this article and the amount of the assessment against each lot or parcel of land proposed to be levied to pay the cost of the work. Any such report may include or on any number of buildings or structures on any number of parcels of property, whether or not contiguous to each other.
(f) 
Upon receipt of the report of the director of public works, the clerk shall fix time and place, when and where the council will hear and pass upon the report. The clerk shall cause notice of the proposed assessment, as shown in the report, to be given in the manner and to the persons specified in section 33-832 of this article. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work, and any other interested persons. Such notice of the hearing shall be so given not less than 15 days prior to the time fixed by the clerk for the hearing, and shall also be published one time, at least 15 days prior to the date of hearing, in a daily newspaper published and circulated in the city.
(g) 
Any interested person may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the director of public works. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing and shall present such protest to the council at the time set for the hearing.
(h) 
Upon the day and hour fixed for the hearing the council shall consider the report of the director of public works, together with any protests which have been filed with the city clerk as hereinabove provided. The council may make such revision, correction or modification in the report as it may deem just, and when the council is satisfied with the correctness of the assessment, the report and proposed assessment, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the council on the report and the assessment and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time.
(i) 
The validity of any assessment levied under the provisions of this section shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the assessment is confirmed by the council.
(j) 
Immediately upon the confirmation of the assessment by the council, the director of community development shall file in the office of the county recorder of San Diego County a certificate in substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Director of Community Development by the provisions of the Escondido Zoning Code, the Director of Community Development did on or about the day of __________, 20_____, cause on the property hereinafter described the removal of all buildings or structures, the safeguarding or removal of any flammable or combustible liquid storage tanks, and the cleaning up of the site, in order to abate a nuisance on such real property; and the Council of the City of Escondido did on the day of __________, 20_____, assess the cost of such upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of Escondido does hereby claim a lien on said real property for the net expense of the doing of such work in the amount of such assessment, to wit: the sum of $ __________, and the same shall be a lien upon said real property until the sum has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Escondido, California, County of San Diego, State of California, and particularly described as follows:
(Description)
DATED: This __________day of__________, 20_____.
_________________________________
DIRECTOR OF COMMUNITY DEVELOPMENT
City of Escondido
(k) 
Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. Such lien shall enjoy the same priority as a lien for state, county and city taxes.
(l) 
(1) 
The notice of lien, after recording shall be delivered to the auditor of San Diego County, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(2) 
Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.
(Zoning Code, Ch. 108, § 1083.7; Ord. No. 2018-07R, § 7, 4-18-18)
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person, whenever such officer, employee, contractor, authorized representative of the city, or person is engaged in the work of abating the nuisance of an abandoned service station, pursuant to the provisions of this article, or in performing any necessary act preliminary to or incidental to such work.
(Zoning Code, Ch. 108, § 1083.8)
(a) 
No service station shall be converted to any other use unless such conversion is expressly authorized by a conditional use permit issued pursuant to Division 1 of Article 61 of this chapter.
(b) 
A conditional use permit authorizing the conversion of a service station to any other use shall be subject to the following:
(1) 
All pumps, pump islands, signs, insignias, trade marks, their supporting structures, mountings, and foundations, and all other aboveground improvements which are uniquely associated with service station operations shall be taken down, dismantled, and removed from the site.
(2) 
All gasoline storage tanks, fuel lines, pumps, and other belowground apparatus related to the delivery or disposal of petroleum products shall be excavated and removed from the site or filled in accordance with the provisions of the Uniform Fire Code as currently adopted by the city.
(3) 
Upon the removal of the tanks, structures, and apparatus specified above, the converted service station site shall be resurfaced and landscaped in a manner appropriate to the proposed commercial or industrial use.
(Zoning Code, Ch. 108, § 1083.9)