NS-1207 Not Adopted - Laserfiche WebLink

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stations constituting non-use cannot be reasonably expected to be utilized for the purposes originally establishe~, inasmuch as the cost Of restoring ~er- manently filled underground fuel storage tanks ~r re- placing fuel storage tanks underground for ones which have been removed i~ excessive. / (d) Service stations whlch h~ve been closed, vacated or abandoned cannot be readily adapted for use~as other commercial facilities without excessive cos/ts due to their unique location on the property with/respect to pro~erty.l~nes, their unique architectura~ design and their unique functional layout on the property. Be- cause of these costs and design considerations, such service stations cannot be reasonably e~pected to be utilized for the purposes originally e~tablished or adapted for other permitted uses, or n~oved for use elsewhere, and the existence of such ~onditions con- travenes the purpose of the zoning o~dinances and the general plan of the City of Santa A~a in that planning for a compatible blend of land use~'will be disrupted because the lands affected cannot he reasonably put to other us~s until the existing ~o~di~ions are abated by restoration or removal of the ~u~ld~ngs, and also in that planning for other uses .~ill be prevented un- less such abatement is accomplished. (e) The existence of closed! vacan~ and !noperative service station sites constituting no~-use ~s injurious and inimical to the public health, safety, comfort and welfare of the community in,hat such conditions invite unsightliness, blight, fir~/hazards, infestation, de- creasing values to surrounding properties and vandalism, and t~e existence of conditions which invite such ills constitutes such abuses O~ property as to entitle this City to exercise its police powers in order to protect the health, safety, com~ort and welfare of the community and of its residents. / / SECTION 6: It is further ~ound and determined that the City of Santa Ana has the respo blity for strict enforcement of zoning and building regulat and that in the interest of safeguarding the public healtl safety, comfort and welfare of the community, abatement is required of closed, vacant and inoperative service stat which constitute non-use of the land on which they are )cated for the purposes for which such land is zoned. SECTION 7: It is exercise of the City's conditions is reasonabl Qranted by Section 731 by Section 65800 et s( and 38773.5 of the Ca Section 6, and Artic tution, and that th~ cribed is also enc( stated in Section found and determined that the powers for the abatement of such encompassed within the authorizations F the California Code of Civil Procedure, Section 38660 and Sections 38771, 38773 a Government Code, by Article 11, ll, Section 7 of the California Consti- existence of the conditions heretofore des- )assed within the meaning of a nuisance as 1479 and 3480 of the California Civil Code. SECTION t is further found and determined that unless corrective measl are undertaken to alleviate such present conditions, an larly to avoid future problems in this regard, a set threat to the public health, safety, comfort and welfare the residents and a serious threat to the values of surround properties in this City will continue to exist; that the of the City to deal with conditions under the procedure herein established outweighs the utility of the condi ; as they exist; and that the procedures established hereby for the abatement, demolition and removal and/or enjoin- ment of the conditions declared by this ordinance to constitute public nuisances are hereby declared to be necessary and reason- able, and that they afford a maximum of due process. -7-