Editor's note—Chapter 14, Abatement of Closed, Vacant,
and Inoperative Automobile Service Stations, added by Ord. No. 622,
effective June 21, 1984, renumbered to be Chapter 14 by Ord. No. 800,
effective August 8, 2008.
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 in this chapter to
constitute a public nuisance.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Any closed, vacant, and inoperative automobile service station constituting non-user as defined by subsection (c) of Section 4-15.05 of this chapter and covered by this chapter is hereby declared to be a public nuisance.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Upon the discovery of facts that there exist conditions constituting a public nuisance as defined in Section 4-15.02 of this chapter, the duly constituted authorities of the City are hereby 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 this chapter or otherwise prescribed by law.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
All permits relating to the use, occupancy, construction, or repair on or in any real property of any automobile service station, and any permit relating to any activity to be pursued thereon or therein, and all zone variances granted after May 1, 1984, for real property on which an automobile service station is located shall contain in bold-face type the following statement: "This permit is granted subject to the provisions of Chapter 15 of Title 4 of the Ojai Municipal Code. A violation of said provisions may result in enforcement by proceedings for bringing about the removal of all buildings, including all underground equipment and foundations. Such a violation may also result in enforcement by prosecution for a misdemeanor. Nothing contained in Chapter 15 of Title 4 of the Ojai Municipal Code shall prevent the application of other provisions of said Code."
The Planning Director, the Director of Public Works, and the
Planning Commission shall cause such statement to be incorporated
into permits which fall within their jurisdictions to grant in connection
with automobile service station uses.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
shall mean and be accomplished in either of the following
ways:
Reoccupation by the owner, or any tenant, lessee, or other party
entitled to possession, and the 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; or
The demolition and removal of all buildings on and in the premises
and the filling of all excavations after having obtained the applicable
permits required for such work, including, but not limited to, building
and grading permits.
shall mean any site where the buildings are designed and
built for dispensing and selling fuels for internal combustion engines
of any automotive vehicles.
shall mean any physical improvement or structure finished
or unfinished on or in real property which building 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. "Building" shall include all main buildings,
pumps, pump islands, underground storage tanks, pumps, mechanical
equipment, wells, cesspools, septic tanks, foundations, paving, and
any other materials originally placed in connection therewith on or
at any depth beneath the surface of the real property.
shall mean the officers, agents, or employees of the City
to whom the authority is delegated by this chapter to carry out its
provisions.
shall mean:
Conditions. When all of the subsurface tanks
which are used for the storage of flammable substances at an automobile
service station site have been permanently filled or removed, the
Council, upon making a finding that the site can no longer be reasonably
used for an automobile service station, may declare the site and all
buildings thereon and therein to be closed, vacant, and inoperative,
and the conditions constitute non-user.
Discontinuance of nonconforming use. Pursuant to Section 10-2.503 of Article 5 of Chapter 2 of Title 10 of this Code, after a voluntary discontinuance of an automobile service station as a nonconforming use, the Council may find that such discontinuance constitutes non-user and a public nuisance.
|
Prior to any reoccupation or reuse of any building on or in
the premises, the person intending to occupy the buildings shall first
apply to the Department of Public Works for an 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, 1970 Edition, 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
shall remit applicable fees for such inspections.
|
|
Any reoccupation or reuse of any building on or in the premises
shall also comply with all applicable zoning regulations of the City.
|
|
Notwithstanding any other provision of this Code to the contrary, any determination made by any City official, agent, or employee under this section may be appealed according to the provisions of Article 5 of Chapter 6 of Title 10 of this Code.
|
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
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.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Upon the discovery of conditions constituting a public nuisance as defined in Section 4-15.02 of this chapter, the duly constituted authorities as hereafter designated are hereby delegated the authority to initiate the proceedings authorized by this chapter to cause the abatement, removal, and/or enjoinment of such public nuisance. The Director of Public Works shall cause notification to be personally served or sent by certified mail to all persons, farms, corporations, and other entities which the records of the County Recorder disclose claim an interest in the real property. The notification shall be in the following form:
|
NOTICE OF VIOLATION
|
|
DECLARATION OF VIOLATION OF CHAPTER 15 OF TITLE 4 OF THE
OJAI MUNICIPAL CODE RELATING TO THE STATE OF NON-USE OF CLOSED, VACANT,
OR INOPERATIVE SERVICE STATIONS
|
|
NOTICE IS HEREBY GIVEN that as of the _____ day of __________, 20_____, the Planning Director of the City of Ojai, California, has found and determined that conditions exist on the real property described as Ventura County Assessor's Parcel No.__________, commonly known as __________, Ojai, California, which constitute a public nuisance and a violation of the provisions of Chapter 15 of Title 4 of the Ojai Municipal Code in that the __________ on said real property is in a state of non-use;
|
|
That, notwithstanding any other provision of said Municipal Code, failure to abate the nuisance by reoccupation and reinstitution of the use of the premises or by the demolition and removal of all structures, according to the provisions of Section 4-15.07 of the Municipal Code, within 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 Chapter 15 of Title 4 of the Municipal Code;
|
|
That if any demolition, dismantling, moving, removal, addition
to, or restoration or repair of any building or the reoccupancy 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 work;
and
|
|
Notice of any further proceedings to be pursued by the City to abate the aforesaid conditions shall be given in the manner prescribed in Chapter 15 of Title 4 of the Municipal Code.
|
|
Dated: __________
|
|
__________________________
Planning Director
|
|
City of Ojai, California
P.O. Box 1570
Ojai, California 93023
|
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
If the public nuisance is abated by the person to whom the City
looks for compliance within the 60 day period allowed in the notice
of violation, the Planning Director shall cease further abatement
proceedings.
Before reoccupancy or reuse will be permitted, the person seeking to reoccupy or reuse the buildings shall first request an inspection and adhere to the procedures prescribed in subsection (e) of Section 4-15.05 of this chapter.
If the building is found by the inspector to be in satisfactory
condition, and any deficiencies discovered are corrected, and any
required zone clearance has been issued or compliance with the zoning
regulations has been acknowledged by the Planning Department, the
Director of Public Works shall then either issue a certificate of
occupancy, if required, and/or notify the person in writing by personal
service or by certified mail that reoccupancy may be permitted for
the reinstitution of the automobile service station uses.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Further abatement proceedings shall be pursued as provided in Section 4-15.09 of this chapter when the notice of violation, as provided in Section 4-15.06 of this chapter, has been served, and the abatement of the public nuisance has not been accomplished within the 60 day period as prescribed in said Section 4-15.06. However, if the abatement of the public nuisance has been commenced within the 60 day period, the Planning Director is hereby delegated the authority to grant a single extension of time for 30 days for good cause shown, such as delays beyond the control of the affected person.
In the event the person to whom the City looks for abatement fails to abate the public nuisance within the time allowed by said Section 4-15.06, the Planning Director 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 claim an interest in the real property. The notification shall be in the following form:
|
NOTICE
HEARING ON ABATEMENT OF PUBLIC NUISANCE
|
|
NOTICE IS HEREBY GIVEN that on the _____ day of __________, 20_____, at the hour of __________ of said day, the City Council of the City of Ojai, California, will hold a public hearing in the Council Chambers of the Ojai City Hall located at 401 South Ventura Street, Ojai, California, to ascertain whether closed, vacant, or inoperative facilities on certain premises in the City of Ojai described as Ventura County Assessor's Parcel No. __________, commonly known as __________, Ojai, California, constitute non-use and a public nuisance as defined in Chapter 15 of Title 4 of the Ojai Municipal Code and require abatement as prescribed in said Chapter;
|
|
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 Section 4-15.02 of said Code, 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; and
|
|
That all persons having any objection to or interest in said
matters are hereby notified to attend the meeting stated in this notice
where 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: ____________________
|
|
______________________________
Planning Director
|
|
City of Ojai, California
P.O. Box 1570
Ojai, California 93023
|
The Planning Director shall also cause a copy of the notice
of hearing to be posted conspicuously on each of the premises and
buildings affected.
The Planning Director shall cause a copy of the notice of hearing
to be served personally or by certified mail and to be posted at least
15 days before the time fixed for the hearing. Proof of the service
and posting of such notice shall be made by written declaration under
penalty of perjury and be filed with the Council.
Notice of the hearing shall also be published in a newspaper
of general circulation in accordance with Section 65854 of the Government
Code of the State.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
The procedure for hearings for abatement shall be as follows:
(a)
A
quorum for the hearing shall consist of at least three members. Any
act or decision shall require the concurrence of a majority of the
members of the Council.
(b)
At
the hearing, after the City, the Planning Director, and other officials
as the Council shall require, shall have stated their case and presented
their evidence, any interested person, firm, corporation, or other
entity may state its evidence, objections, and protests and give testimony
relative to the alleged public nuisance or to the proposed abatement.
(c)
After all such testimony, if the 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 Section 4-15.02 of this chapter, and that the public nuisance requires abatement, the Council may allow the abatement by means of the reinstitution of previously permitted automobile service station uses within a stated period of time, including rehabilitation and repair, or order the demolition and removal of all closed, vacant, and inoperative buildings and by the filling of all excavations as prescribed in subsection (e) of Section 4-15.05 of this chapter within a stated period of time. Demolition or removal may include the removal of all subsurface items described in subsection (b) of Section 4-15.05 of this chapter. The order of the Council may also include the revocation of any permit or variance previously granted, notwithstanding any other provision of this Code.
(d)
The
order of the Council may also provide that if abatement is not commenced
within the period of time the Council has found and determined to
be reasonable under the circumstances (but in no event less than 30
days after 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, he is to institute
appropriate court proceedings for the demolition, removal, and/or
enjoinment of the public nuisance.
(e)
Any
cost incurred by the City in bringing about the required demolition
and removal of buildings and the filling of excavations may be ordered
by the Council to be charged to the persons claiming by virtue of
the records of the real property to be the owners thereof or to be
charged as a lien against the real property itself.
(f)
The
procedures provided in this section shall be addition to any other
remedies otherwise provided by law.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Any person aggrieved with the proceedings, decision, or action
taken by the Council pursuant to this chapter in ordering the abatement
of a public nuisance or other order shall bring an action to contest
such proceeding, decision, action, or order within 30 days after the
date of the decision, action, or order of the Council.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Any action taken or order made by the Council pursuant to 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 under Section 4-15.06 of this chapter not later than 14 calendar days following the decision of the Council.
(§ 3, Ord. 622, eff. June 21, 1984, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
