The city council finds and determines that:
A.
The
existence of closed, vacant and inoperative automobile service stations,
constituting a nonuse, as defined in this chapter, has a direct, substantial
and significant impact upon the aesthetic appearance of our city.
Therefore, there is a need for further control over the lack of utilization,
condition and appearance of such facilities.
B.
The
county fire protection district, in pursuit of protection of the health
and safety of the community, requires that after underground storage
tanks used for flammable or combustible liquids are taken out of service
for a period of ninety days, such tanks must be properly disposed
of by removal or by being permanently filled. When the required action
is completed the service station is rendered unusable.
C.
Closed,
vacant and inoperative automobile service stations constituting a
nonuse cannot reasonably be utilized for the purposes originally established
because the cost of restoring filled fuel tanks or replacing fuel
tanks is excessive.
D.
The
existence of closed, vacant and inoperative automobile service station
sites constituting nonuse is injurious or dangerous 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 the city to exercise its police powers in
order to protect the health, safety, comfort, welfare and aesthetic
value of the community and its residents.
E.
The
exercise of the city police powers for the abatement of such conditions
is encompassed within the authorizations granted by California Code
of Civil Procedure Section 731 and California Government Code Sections
65800, et seq., Section 38660 and Sections 38771, 38773 and 38773.5,
and the California Constitution Article 11, Sections 6 and 7. The
existence of the conditions heretofore described are also encompassed
within the meaning of a nuisance as set forth in the California Civil
Code Sections 3479 and 3480.
(Ord. 364 § 1, 1986)
Any closed, vacant and inoperative automobile service station
constituting a nonuse as defined in this chapter is declared to be
a public nuisance.
(Ord. 364 § 2, 1986)
Upon discovery of a nonuse automobile service station the city
shall 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 this chapter or otherwise prescribed by
law.
(Ord. 364 § 3, 1986)
All permits for the use, occupancy, construction or repair of
any automobile service station and any permits relating to any activities
to be pursued therewith and all zone variances granted for real property
upon which an automobile service station is located shall contain,
in bold-face type, the following statement:
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THIS PERMIT IS GRANTED SUBJECT TO THE PROVISIONS OF ORDINANCE
NO. OF THE CITY OF RANCHO MIRAGE, 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 MUNICIPAL CODE.
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The director of community development shall cause the above-quoted
language to be incorporated into permits in connection with automobile
service station uses.
(Ord. 364 § 4, 1986)
For the purposes of this chapter:
means any site where the buildings are designed and built
for dispensing and selling fuels for internal combustion engines of
any automotive vehicles.
means 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,
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.
means:
Conditions. When all of the subsurface tanks which are 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
thereon constitute a nonuse.
Discontinuance of Nonconforming Use. Pursuant to Section 17.36.040 of this code, after a voluntary discontinuance of an automobile service station as a nonconforming use the city council may find that such discontinuance constitutes a nonuse and public nuisance.
shall be accomplished in either of the following ways:
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 this code, including, but not limited
to, building permits.
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
and grading permits.
(Ord. 364 § 5, 1986)
A.
Prior
to any reoccupation or reuse of any buildings on or in the premises,
the party intending to occupy the buildings must first apply to the
community development department 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 the standards expressed
in the Uniform Building Code. Applicants must remit applicable fees
for such inspection.
B.
Any
reoccupation or reuse of any buildings on or in the premises must
also comply with all applicable zoning regulations of the city.
C.
Notwithstanding
any other provisions of this code to the contrary, any determination
made by any city employee under this section may be appealed to the
city council.
(Ord. 364 § 6, 1986)
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. 364 § 7, 1986)
Upon discovery of conditions constituting a public nuisance as defined in Section 15.60.020 the director of community development shall initiate the proceedings authorized by this chapter to cause the abatement, removal and/or enjoinment of such public nuisance. The director of community development 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 of the county disclose having an interest in the real property as set forth on the last equalized assessment role. The notification shall be in the following form:
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NOTICE OF VIOLATION
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DECLARATION OF VIOLATION OF THE RANCHO MIRAGE MUNICIPAL CODE
RELATING TO THE NON-USE OF CLOSED, VACANT OR INOPERATIVE SERVICE STATIONS.
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NOTICE IS HEREBY GIVEN that as of the _____ day of __________,
19_____, the Director of Community Development of the City of Rancho
Mirage, California has found and determined that conditions exist
on the real property described as County Assessor's Parcel No. _____,
commonly known as __________, Rancho Mirage, California, which constitute
a public nuisance and a violation of the provisions of the Rancho
Mirage Municipal Code in that __________ and said real property is
in a state of non-use.
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Notwithstanding any other provisions of said Municipal Code,
failure to abate the nuisance by re-occupation of the premises or
by demolition and removal of all structures, according to the provisions
of the Municipal Code, within 60 days from the date of delivery of
this Notice, shall cause enforcement proceedings for the abatement,
removal and/or enjoinment of said public nuisance to be commenced.
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For any demolition, dismantling, moving, removal, additions
to or restoration or repair of any buildings or reoccupancy of the
premises or any excavation of earth to be performed, appropriate permits
will be required to be obtained prior to the commencement of any work.
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Dated: __________.
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______________________________
Director of Community Development
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(Ord. 364 § 8, 1986)
A.
If
the public nuisance is abated within the sixty-day period allowed
in the notice of violation, the director of community development
shall cease further abatement proceedings.
B.
Before reoccupancy or reuse will be permitted, the party or parties seeking to reoccupy or reuse the buildings must first request an inspection and adhere to the procedures prescribed in Section 15.60.060.
C.
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 acknowledged by the planning department, the director
of community development shall then either cause to be issued a certificate
of occupancy, if required, and/or notify the property owner in writing
by certified mail that occupancy may be permitted for use as an automobile
service station.
(Ord. 364 § 9, 1986)
A.
Further
abatement proceedings shall be pursued when the notice of violation
has been served and abatement of the public nuisance has not been
accomplished within the sixty-day period as prescribed in that notice.
However, if abatement of the public nuisance has been commenced within
the sixty-day period, the director of community development is delegated
the authority to grant a single extension of time for thirty days
for good cause shown, such as delays beyond the control of the affected
party or parties.
B.
In the event the party or parties to whom the city notified pursuant to Section 15.60,080 fail to abate the public nuisance within the time allowed in Section 15.60.080 the director of community development shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations and others which the records of the county recorder disclose having an interest in the real property as shown on the last equalized assessment role. The notification shall be in the following form:
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NOTICE
HEARING ON ABATEMENT OF PUBLIC NUISANCE
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NOTICE IS HEREBY GIVEN that on the _____ day of __________,
19_____, at the hour of __________ of said day, the City Council of
the City of Rancho Mirage, California will hold a public hearing in
Council Chambers located at 69-825 Highway 111, Rancho Mirage, California,
to determine whether closed, vacant or inoperative facilities on premises
in the City of Rancho Mirage described as Riverside County Assessor's
Parcel No. commonly known as __________, Rancho Mirage, California,
constitute a non-use and a public nuisance as defined in Rancho Mirage
Municipal Code and require abatement.
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The conditions which shall be the subject of the public hearing
are as follows:
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If the state of non-use is found to constitute a public nuisance
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 City and the cost thereof charged
to the parties responsible and/or placed as a lien against the real
property. Costs shall include administrative costs and interest on
the total thereof and be collected at the same time and in the same
manner as municipal taxes are collected and be subject to the same
interest and penalties for nonpayment and the same procedure and sale
in case of delinquency.
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All persons having any objection to or interest in said matters
are hereby notified to attend the meeting stated in this Notice. All
testimony and evidence will be heard and given due consideration.
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Dated: __________.
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______________________________
Director of Community Development
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C.
The
director of community development shall also cause a copy of the notice
of hearing to be posted conspicuously on each of the premises and
buildings affected.
D.
The
director of community development shall cause a copy of the notice
of hearing to be served by certified mail and to be posted at least
fifteen 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.
E.
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. 364 § 10, 1986)
The procedure of hearings for abatement shall be as follows:
A.
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 then present.
B.
At
the hearing, after city staff and other witnesses as the city council
shall require, shall have stated the case of public nuisance and presented
evidence, any interested person, firm, corporation or other entity
may present evidence, objections, protests and/or give testimony relative
to the alleged public nuisance and/or to the proposed abatement.
C.
After
the presentation of all evidence, the city council shall-make its
findings. If the city council finds and determines that a public nuisance
exists and that the public nuisance requires abatement, it may direct
abatement by any means consistent with the provisions of this code.
D.
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
fifteen 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.
E.
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 having title to the
real property as set forth within the county records or to be charged
as a lien against the real property itself. The lien shall include
all costs of abatement and, in addition, charges for administrative
costs to city and interest thereon in the amount as established for
nonpayment of real property taxes.
F.
The
procedures provided in this section shall be in addition to any other
remedies otherwise provided by law.
(Ord. 364 § 11, 1986)
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 fifteen days after
the date of the decision, action or order of the city council.
(Ord. 364 § 12, 1986)
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 on all parties who were entitled
to notice in this chapter not later than fourteen calendar days following
the decision of the city council.
(Ord. 364 § 13, 1986)
