The provisions of this article are intended to provide an alternative
procedure for the abatement of abandoned drive-in enterprises.
(SCC 0982 § 1, 1995)
As used in this article, "building" shall mean any and all physical
improvements or structures which are designed, built, or adopted for
use as or in connection with a drive-in enterprise, and shall include
any and all canopies, tables, pumps, pump islands, tanks, mechanical
equipment, storage sheds, wells, foundations, signs and any and all
other improvements situated on such drive-in site.
(SCC 0982 § 1, 1995)
Abatement of an abandoned drive-in enterprise may be accomplished
in either of the following ways:
A.
Occupation
by the owner, or any tenant, lessee or other party entitled to possession,
and institution of the previously permitted drive-in enterprise.
B.
Demolition
and removal of all buildings on and in the premises and the filling
of all excavations.
C.
Conversion
of the premises and commencement of ongoing occupancy and maintenance
of the premises for another use permitted by the zoning regulations
and for which all necessary permits, licenses and other entitlements
have been issued.
(SCC 0982 § 1, 1995; SCC
1578 § 28, 2015)
Except as otherwise provided herein, the procedure set forth
in Article V of this chapter shall be applicable to nuisances abated
pursuant to this article.
(SCC 0982 § 1, 1995)
A.
When
any of the Directors of Public Works, Planning or Environmental Management
has reason to believe that a drive-in enterprise is not in use, he
or she shall notify the Chief Building Inspector of the location of
such enterprise. The Chief Building Inspector may contact the owner
of such enterprise and inform him or her generally of the procedures
provided by this article for the abatement of abandoned drive-in enterprises.
B.
When
the Chief Building Inspector has inspected or caused to be inspected
any premises and has found and determined an abandoned drive-in enterprise
exists upon such premises, proceedings shall commence to abate the
nuisance as provided herein.
(SCC 0982 § 1, 1995; SCC
1578 § 29, 2015)
Preliminary notice shall be provided in accordance with Section 16.18.502.
(SCC 0982 § 1, 1995)
Whenever the Chief Building Inspector has given written notice to the owner as set forth in Section 16.18.502, and at least 60 calendar days have passed from the mailing of that notice, and the owner has failed to respond or when in the opinion of the chief the negotiations with the owner to abate the nuisance are unsuccessful or not proceeding satisfactorily, an order shall be issued hereinafter referred to as "the hearing notice." The hearing notice shall direct the owner to appear before a hearing examiner to show cause why the premises should not be declared a public nuisance and the same abated by the County. The hearing notice shall be served not less than ten calendar days prior to the hearing date.
(SCC 0982 § 1, 1995)
Hearings shall be conducted in accordance with Article V and
decisions and notice provided as set forth therein.
(SCC 0982 § 1, 1995)
The decision of the hearing examiner shall be in accordance with Section 16.18.511; provided, however, that abatement shall be commenced and completed within 120 calendar days.
(SCC 0982 § 1, 1995)
Notwithstanding any other provisions of this Article to the contrary, the hearing examiner in rendering a decision pursuant to Section 16.18.1109 may extend the time for abatement up to one year whenever, due to a bona fide dispute with the United States Federal Energy Administration concerning an allocation of fuel, or due to other special circumstances, it reasonably appears to the hearing examiner that a particular abandoned drive-in enterprise will be reoccupied pending resolution of said dispute or pending settlement of said circumstances.
In extending the time for abatement pursuant to this section,
the hearing examiner shall attach such conditions as it deems necessary
to ensure proper maintenance of the premises and protect the public
health, safety and welfare.
(SCC 0982 § 1, 1995)
The decision of the hearing examiner shall be enforced in accordance
with Article VII of this chapter.
(SCC 0982 § 1, 1995)
The costs of abatement performed by the County shall be recovered
in accordance with Article X of this chapter.
(SCC 0982 § 1, 1995)
