Loading...
HomeMy WebLinkAboutNS-1207 Not AdoptedORDINANCE NO. NS-1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ;ANTA ANA REGULATING THE LOCATION, DESIGN, OPERATION ~D MAINTENANCE OF SERVICE STATIONS AND PROVIDING THE ABATEMENT OF CLOSED, VACANT AND INOPERATIVE ICE STATIONS AS PUBLIC NUISANCES. THI ITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTI l: The City Council of the City of Santa Ana finds and determin that: In adopt' service statior of design and more important o development standards and zoning regulations for consideration must be given to important elements ation that are unique to service stations. The hese elements are: 1. Service ions are ent' ely dependent on vehicular traffic. 2. Their physi distinctive as to set them apart Service stat accompanied b~ advertising wh ing to the peac sirable. These because service capable of be' distraction at marily an outdoor use, usually are, outdoor sales and outdoor equently distracting, disturb- 'ea and aesthetically unde- substantially increased ~ns are generally not osed so as to diminish the noise, htliness. 4. The architect of advertising, outdoor display of merc)kl~dise and ge ral appearance of disorder of many ser~ce stations ~quire that, in addition to reasons ~i~xxp~blic heal ~kand safety, the aesthetic con- cerns of t~eX,)community a~d the general welfare should be proceed by regulatio~ of the location, design, cons.tr~u~t~l)n, operation a~d maintenance of service s ta t~xx] ~ 5. ~¥ice k~ ti ti°n~an~taactivities visible :o all. Se tatlons constitute' ~en land uses w~th opera 6. Service station hours of o 'on are normally longer than most other commercial use 7. Numerically, there are more :e stations than any other single type of commercial in the City. 8. All service stations in the City h( frontage on an arterial highway. 9. Of the 172 service stations presentl in operation, 164, or 96%, of all such stations are ocated at street intersections. In order to control the proliferation of th ~lements that make service stations unique and so as to protect he health, safety and welfare of the citizens of the City of tnta Ana, it is necessary and desirable to provide an "S" Station Dis- trict which will regulate the location, design, ruction, operation and maintenance of service stations, and ~rovide for abatement of abandoned service stations. SECTION 2: Section 41-184 of the Santa Ana Municipal Codt is hereby amended to read as follows: Sec. 41-184. Distric~ established. / In order to carry out the purpose and provisions of ~his chapter, the City is di~vided into the following distric~/~: / A1 - General agricultural RE - Residential estate R1 - Single family residence R2 - Multiple family residence R3 - Medium density multiple family residencE R3H - High density multiple family residence/ R4 - Suburban apartment P - Professional LP - Limited professional CD - Civic development PD - Planned development C1 - Community commercial C2 - General commercial C3 - Central business C4 - Planned shopping center C5 - Arterial commercial M1 - Light industrial M2 - Heavy industrial LM - Limited manufacturing CM - Commercial manufacturing PCD - Planned community devel 0 - Open space land PRD - Planned residential de' S - Service station opment SECTION 3: The Santa Ana pal Code is hereby amended by adding a Division 25 to Art III of Chapter 41, consisting of sections to be numbered 41 through 41-592.5 which said division and sections read a follows: DIVISION 25. S (SERVICE Si FION) Section 41-592. App lity of division. S (Service Station Districts are specifically subject to the regulations contai) in this division. Section 41-592. Intent and purpose. The intent and )ose of the Service Station District is to allow a service st~ on planned and designed as a unit, or as a portion of a unit uch as a shopping center, to be of a design that is of stable desirable character not out of harmony with its surrounding ghborhood. Section 4 592.2. Uses permitted. No buil~ or or ~ arged (a) (bi The (1) structure or land shall be 1 be designed, constructed, )t for the following purposes: used, and no building structurally altered tted use: Service Station. following uses subject to a conditional use permit: Other commercial uses similar to servdce station use which, in the opinion of the Planning Com- mission, would be compatible with the improvements existing on the land, and which is designed to be harmonious with the surrounding properties and surrounding neighborhood. Section 41-592.3. Operational standards. / / (a) Storage j All storage shall be within an enclosed buil~ng and shall be limited to the accessory storage of suppliesJutilized in the business conducted upon the premises. ~ (b) Walls / / Where property within this district i~to 'be used for the uses permitted herein and has a lot line o~ lease line in common with any lot that is zoned or used for/residential pur- poses, there shall be constructed a decorati%e solid wall not less than six (6) feet in height, from highest finished grade as measured on either side of the wall, along all such common lines as herein stated. / / Where lot lines or lease lines/are in common with lots zoned or used for purposes other than ~esidential purposes, said wall or acceptable substitute shall be/constructed along property lines to a height of not less than f~ur (4) feet except that no wall need be provided along lot or ~ease lines that are adjacent to a commercial shopping center pa~king area where traffic circu- lation can be provided. Said fou~ (4) foot wall requirement may be modified through the site pla~ review procedure specified in Section 41-592.5. Where lot li~es or lease lines abut an alley separating the property in thi~ district from property zoned or used for residential purposes/there shall be constructed a de- corative solid sall not les s/~han six (6) feet in height along the property line abutting ~Yaid alley, except at points of ingress & egress to the parking area. jWhere a wall of four (4) feet or (6) six feet in height is prohibited by this chapter or any other ordinance, the wall shall/be the maximum allowable height. / (c) Rental Equipment Storage of r~ntal equipment, i.e., trailers, hand carts and trucks where permitted, shall be located on the site and screened in such a manner so ~s to be made substantially non-visible from any public street o~ adjacent properties. Said storage area shall be limited to renti equipment of the type indicated in this sec- tion and shall not .ed ten (10%) percent of the area of the site, subject to e following limitation: (1) rental equipment shall be permitted on any such property site ch is contiguous to any property zoned or used for residenti purposes, including mobile home parks. (2] Truck rentals limited to two-axle vehicles and not exceeding ~-four (24) feet in overall length shall be per- mitted on sites which are contiguous to properties zoned C 2, M 1 M 2, provided, however, not more than five (5) trucks sh( 1 be permitted on those sites which are contiguous to the C 2 district. The storage area, screening of storage of tra or trucks stored shall be subject to view )roval specified in Section 41-592.5. area and number site plan re- ection 41-592.4. Development standards. (a) Location Service station sites shall only be permitted at the intersection of streets shown on the Master Plan of Select Streets or at the intersection of a street shown on the Master Plan of Select Streets and a freeway. - 3 - (b) Building Site Area and Frontage (1) Minimum building site area shall be twenty thousand (20,000) square feet. (2) Minimum street frontage shall be one fifty (150) lineal feet. (c) Design A service station shall be designed in a is harmonious and consistent with the character an development of each specific site, neighborhood a center within which such station is located. that aesthetic shopping (d) Landscaping An approved landscape plan shall red in con- junction with and as a condition to site pl approval. The Plant list shall be included in the plan shall include the botanical and common names of the plants be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key mbers to be used in locating the plants on the plan. (1) Minimum five(5) fooi shall be planted and maintained wh~ street, except at approved drive de landscape strips the site abuts any public (2) In addition, at five (5%) percent of the site area shall be landscaped trees, shrubs and ground covers and be properly maintai exclusive of landscaping re- quired in (1) above. (3) The choice )lant material shall be fifteen (15) gallon size trees and shru , with a ground cover in keeping with the size and limitations the area. Ground covers alone are not acceptable. Determi~ of the number of trees, shrubs and their location shal be made at the time of site plan review. (4) The la~ areas that are enclo or asphalt curbs. ~caping shall be contained in by minimum six (6) inch high planting concrete (5) age width of five (50) or more squ throughout the dispersion. interior planting area shall have an aver- or more feet and an average area of fifty feet. The planting areas shall be located in order to obtain the maximum amount of All planting areas shall be served by water ir- rigation 1 (e) Frash Areas / A trash enclosure shall be provided on site. Said trash ey~closure shall be enclosed within a six (6) foot high decor~ive wall with gates, in a manner meeting the approval the//~F~ining Department. (f) Merchandise Display of All new and used merchandise shall be stored or dis- played within the permanent structure except for the following: - 4 - (1) Pump islands Lubrication items offered for customer con- venience provided that such items shall be kept on the pump islands and located within a specifically designed and en- closed case. (2) Adjacent to building One (1) tire rack not to exceed six (6) in length, six (6) feet in height and two (2) feet in dth, provided, however, that the tire rack shall be locate~ parallel to and within three (3) feet of a main wall of the 'manent service station structure. This provision shall apply to any accessory structure located on said service on site. In no case shall any signs be permitted to be on any tire rack. Not more than two (2) specially igned cases or displays not to exceed four (4) feet in hei t or four (4) feet in width for the purpose of displaying bile related items may be located adjacent to a main wall the permanent service station structure as defined above, n no instance shall any display or case be located further that (1) foot distant from the aforementioned wall and no signs all be permitted to be attached to or projected from said di ays other than identi- fication signs attached directly upon th surface of said such displays. (g) Signs All signs shall conform sign ordinance for C and M Distric plan approYal. No flashing or bl Rotating signs shall not be perm tions per minute. the sign standards of the and shall be subject to site ~king sign shall be permitted. d to exceed eight (8) revolu- (h) Pump Islands Pump islands shall feet from street property set back a minimum of fifteen (15) S. (i) Canopies Automobile se or detached, intended not project closer thi ce station canopies, whether attached public comfort and convenience, shall five (5) feet to the street property lines. (j) Corner C Vehicl and other obstructions may not be parked or located within t triangle formed by measuring twenty-five (25) feet along the r~et property lines from the point where the prolongation o such lines intersect. A freestanding pole sign may be permit' in this area. Sectiol 41-592.5. Development plans site plan review. All opment plans submitted to the Planning Department shall ei be approved, conditionally approved or denied by the Plan ing Department. The decision of the Planning Depart- ment ma be appealed to the Planning Commission within ten (lO) calend~r days from the decision of the Planning Department on a form provided by the Planning Department. The decision of the Planning Commission may be appealed to the City Council in a man- ner provided by Section 41-645 of the Santa Ana Municipal Code. Development plans, drawn to a standard scale, shall be/ submitted to the Planning Department in duplicate and shall/ indicate: (a) Lot or site size and peripheral properties suff/i- cient to show location. (b) Building placement and gross floor area devoted to each separate activity, including any area proposed f~r rental storage. (c) Means of access to public rights of way.j / (d) Landscaping. (e) All signs. / (f) Elevations. / Elevations of all proposed structu shall be sub- mitted for approval. Elevations shall incl the types of materials to be used and the colors of the als. (g) Where two (2) or more separate .ts of ownership are involved in said development plan, said shall be signed by the property owners involved in such )osed development. SECTION 4: The Santa Ana Munici Code is hereby amended by adding a section to be numbered 41 23 which said section reads as follows: Section 41-623. Service stati uses: rezoning required. No service station in any di rict shall be established, added to, enlarged, or structural altered after the effective date of this ordinance unless ar until said service station site has been zoned or is rezoned "S" Service Station District, and all regulations for the "S' Service Station District, as set forth in Division 25 of Articl 3 of this Chapter, have been com- plied with, with the exceptio that service station sites exist- ing on the effective date of his ordinance need not comply with Section 41-592.4(b). and SECTION 5: The Ci of the City of Santa Ana finds determines as foll (a) There exists thin the City of Santa Ana a number of c , vacant and inoperative service stations, recent months the number of such ser- vice stati has significantly increased, and the continuin shortage of automobile fuels and the re- sultant t on the service station industry will result even further closures of service stations in the future. (b) The stence of such closed, vacant and inoperative serv stations constitutes a non-use of the property on ich the stations are located for the purposes pe tted or conditionally permitted by city zoning r. ulations. (c) )ction 15.205 of the Uniform Fire Code, which has adopted by the City of Santa Aha in pursuance of the protection of the health and safety of the community, requires that after underground storage tanks use for flammable or combustible liquids are taken out of service for a period of ninety (90) days, such tanks shall be properly disposed of by removal or by being permanently filled. When the required action is completed the service station is rendered unusable. Closed, vacant and inoperative service -6- 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- SECTION 9: That the Santa Ana Municipal Code is hereby amended by adding Section~ 41-688 through 41-688.15 to Article 6 of Chapter 41, which sa~d sections shall read as follows~ ,, Sec. 41-68~. Short Title. /~ These provisions shall be known and may be cited a~ the Abandoned Service Stations Code." / Sec. 41-688.1. Purpose. Stp~~iiI of the provisions contained herein to constitute a~ublic nui- sance'sec. 41-688.2; Declared Public Nuisance. 7 Any abandoned service station as defined/by Section 41- 688.5(c) and covered by these provisions is h~reby declared to be a public nuisance. ? Sec. 41-688.3. Authorization for Abatement. Upon discovery of facts that there/exist conditions consti- tuting a public nuisance as defined in S~ction 41-688.2, the duly constituted authorities of the Cit~ of Santa Ana are hereby authorized to immediately commence th~proceedlngs authorized by these provisions to cause the abatement, removal and/or enjoin- ment of such public nuisance in the ~anner prescribed by these provisions or otherwise prescribed ~y law. Sec. 41-688.4. Notificatio~to Future Applicants. All permits relating to the use,/~occupancy, construction or repair on or in any real proper~y of any service station and any permits relating to any activities to be pursued thereon or therein, and all zone variances to be granted after the effective date of this ordinance for real property on which a service station is located shall contain in bOld-face type the following statement: "THIs ~ IS GRANTED SUBJECT TO THE PROVISIONS OF THE ABANDONED s~R¥ICE STATION CODE OF THE CITY OF SANTA ANA, CALIFORNIA. ~A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT B¥~'PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDING~ INCLUDING ALL UNDERGROUND EQUIPMENT AND FOUNDATIONS. ~4JCH A VIOLATION MAY ALSO RESULT IN ENFORCE- MENT BY PROSEC/{]TION FOR MISDEMEANOR. NOTHING CONTAINED IN THE ABANDONED/SERVICE STATION CODE SHALL PREVENT APPLICATION OF OTHER PRO/VISIONS OF THE MUNICIPAL CODE." Ia) The P~anning Director shall cause the above-quoted language to be %ncorporated into permits which fall within his jurisdiction t~ grant or approve in connection with service station uses. Sec./~-688.5. Definitions. (a)/ Ser~i~e Station. As defined in Sec. 41-151 of the ) Building. Any physical improvement or structure finished or.unfinished, on or in real property, wh!ch is designed, built or adapted for use as or in connection with a service station, regardless of its size, shape, height, location, age, or state of repair. Included in this -8- definition are all main buildings, pumps, me nical equipment, wells, cesspools, septic tanks, tions, all paving and any other materials origina y placed in connection therewith on or at any de beneath the surface of the real property. (c) Abandoned Service Station: Either A service station which has not in use ~ as a service station for a peri in excess of ninety (90) days, except as th~ period is ex- tended by authority of the P1 ~ning Director or except when, within ninety.(' days or such longer period as the Plannl Director may allow, a conditionally-permitted u is validly esta- blished under Sec. 41-592.1 b); or ii. A service station, the lises of which have been rendered unsuitable nued service station use by permanently fill ~g or removing the sub- surface tanks for stor~ e of flammable substances, except to the extent the Planning Director shall have granted ti to convert the property to a conditionally 'mitted use under Sec. 41-592.2Cb). ~d) Duly Constituted or employees of the delegated by these p visions. ties. The officers, agents to whom the authority is sions to carry out its pro- (e) Abatement. of a service stat' valid conditional filling of the 41.688.8. abandonment, the reinstitution use or the establishment of a permitted use or the clearing and ses, all in accordance with Sec. Sec. 41-688.6. Apl bility. The provisions of or entities who claim the real property, exc Article shall apply to all persons hold an interest in the building or in ~t as may be prohibited by law. Sec, 41-688.7 Procedures for Enforcement. Upon discove) of conditions constituting a public nuisance as defined in Sect 41-688.2, the duly constituted authorities of the City of Sa: Aha are hereby delegated the authority to initiate the pro authorized by these provisions to cause the abatement, 1 and/or enjoinment of such public nuisance. The Director of lanning shall cause notification to be personally served or sent by certified mail to all persons, firms, corpora- tions and otb, entities which the records of the Recorder of the County of Or( disclose claim an interest in the real property. The notifica ion shall be in the following form: -9- NOTICE OF VIOLATION DECLARATION OF VIOLATION OF THE ABANDONED SERVI~E STATION CODE, ARTICLE VI, CHAPTER 41, OF THE MUfIICI- PAL CODE OF SANTA ANA / NOTICE IS HEREBY GIVEN that as of the //day of , 19 , the Director of Planning o~the City of Santa Ana, California, has found and determine~ that conditions exist on the real property described as Orange County Assessor's Parcel No. / ,commonly known as , Santa Ana,/ California, which constitute a public nuisance and ~ violation of the provisions of The Abandoned Service Station ~ode of the Santa Ana Municipal Code, in that the / / in a state of abandonment; on said r~lo4 property is That notwithstanding any other provisions of sa Municipal Code, failure to abate the nuisance by re-occupation re-institution of use of the premises or by demolition and re of all struc- tures, according to the provisions of Sectior .8 of the Municipal Code within ninety (90) days from date of delivery of this Notice, enforcement pro'ceedings for abatement, re- moval and/or enjoinment of said public nuis shall be com- menced pursuant to the provisions of said ~ndoned Service Station Code. That if any demolition, dismantling, to, or restoration or repair of any bui of the premises is to be accomplished, earth is to be performed by persons or Notice, other than City officials, priate permits will be required to commencement of any such work. mov removal, additions or re-occupancy if any excavation of ntities affected by this or employees, appro- ined prior to the Notice of any further proceedings abate the aforesaid conditions sh( prescribed in said Abandoned Serv be pursued by the City to 1 be given in the manner :e Station Code. DATED: ways: DIRE( OF PLANNING of Santa Ana 20 c Center Plaza S~ ta Ana, California, 92701 Sec. 41-688.8. ~batement']may Ab6temen~ ..... ~.. accomplished in either of the following (1) Re-occl on, within the ninety (90) day period provi in the Notice of Violation described in Sec. 41-66 7 by the owner or any tenant, lessee or other pari entitled to possession and re-institution of ~reviously permitted service station uses, or i tution, within said ninety (90) days of a con- y permitted use under Sec. 41-592.2 of this , after having obtained an inspection and all /permits required by this Code including, but not /limited to, building permits. -10- Prior to any re-occupation or re-use of any build- ings on or in the premises, the party intending to occupy the buildings must first apply to the De- partmen~ of Building Safety 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 conducte~ according to such of the standards expressed ~n Chapter 8 of ~he Santa Ana Municipal Code as revised from time t~ time, relating to requirements for occupancy (~art III, Chapter 5, Volume I) as were applicable t/o the buildings as they existed prior to the state of non-use,. Applicants must remit applicabTe fees for such inspection. Any re-occupation, or re-use, of any buil on or in the premises must also comply with ll appli- cable zoning regulations of the City and ny condi- tions to discretionary permits issued f said premises. (2) Demolition and removal of all buildin on and in the premises and filling of all exc~ tions, all within the required ninety (90) day after having obtained the applicable permits re~ ired for such work, including but not limited to buil permits and grading permits. For good cause shown in a written appl , the Director of Planning may grant extensions, not exceed ninety (90) days per application, of the time period in w abatement must be accomplished. Such extensions may be ct to any reasonable conditions concerning the use, mainten and condition of the premises as the Director of Planning y require. Sec. 41-688.9. Effect of Volt Abatement. If the public nuisance is 41-688.8 by the party or parties pliance within the ninety [90) d Violation or such further perio allow under Sec. 41-688.8, the further abatement proceedings in accordance with Sec. whom the City looks for com- period allowed in the Notice of as the Director of Planning may :tor of Planning shall cease (a) Before re-occupal party or partie! buildings must to the procedl or re-use will be permitted, the seeking to re-occupy or re-use the irst request an inspection and adhere prescribed in Sec. 41-688.8. (b) If the buil( is found by the inspector to be in satisfa¢ condition, or any deficiencies discovered corrected, and compliance with zoning reg has been acknowledged by the Department of , the Director of Planning shall then notify party or parties in writing by personal servic or by certified mail that re-occupancy may be tted for re-institution of the service use. Sec. 41 88.10. Further Proceedings. Furth abatement proceedings shall be pursued as provided in Section -688.10{a) through 41-688.10(c), inclusive, when the Notice of on has been served and abatement of the public nui not been accomplished within the period prescribed in Sec. 41-688.9. (a) In the event the party or parties to whom the City looks for abatement fail to abate the public nuisance within the time allowed, the Director of Planning shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations and other entities which the records -ll- of the County of Orange 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 of , 19 , at the hour of , of said day, the City Council of the City of Santa Ana. fornia, will hold a public hearing in the Council Chambers the Santa Ana City Hall, located at 20 Civic Center Plaza, S~ Ana, California, to ascertain whether 'iuthe abandoned ce stations on certain premises in the City of Santa Ana desc bed as Orange County Assessor's Parcel No. , cot known as , Santa Ana, California, c a public nuisance as defined in the Abandoned ce Station Code, Chapter 41 of the Santa Ana Municipal Code and uire abate- ment as prescribed in said provision; The conditions which shall be the sub of the public hearing are as follows: That if a public nuisance as de in Section 41-688.2 of said Code, is found to exist, and public nuisance has not been abated by the parties resp ble therefor, such public nuisance may be ordered by City Council to be abated by the persons claiming an nterest in the real pro- perty, or may be ordered to be :ed by the duly constituted authorities of this City and the thereof charged to the parties responsible or placed a lien against the real property; That all persons having/any objection to or interest in said matters are hereby ?ti/~ied to attend ~he meeting stated in this Notice, when the!r/testimony and evidence will be heard and given due conslderatio/h. / DATED: ~/ A ' City of Santa Ana, ~ 20 Civic Center Pla~lif°rnia ~ Santa ~na, Californ,a 92701 (b) The ~irector of Planning shall also cause a copy of t/he Notice of Hearing to be.posted conspicuously on/each of the premises and buildings affected. / (c) T~e Director of Planning shall cause a copy of said ~otice of Hearing to be served personally or by /certified mail and to be posted at least fifteen / (15) days before the time fixed for the ~earing. / Proof of s~rvlce and posting of such notice shall be / made by written declaration under penalty of perjury ~ and be filed with the City Council. ~ (d) Notice of the Hearing shall also be published in a ~ newspaper of ~eneral circulation. -12- (e) Hearing Procedures. The City Council may prescribe rules governing the procedure of hearings conducte~U by it. A quorum for a hearing shall consist of a least four (4) members. Any act or decision requires the concurrence of a majority of members of the/City Council. (i) At the hearing, after the City, through,%he Director of Planning and other official,g as the City Council shall require, shall .have stated its case and presented its evi~ence, any interested person, firm, corporation/or other entity may state their evidence, ?byections, protests and give testimony relative to the alleged public nuisance or to the~roposed abatement. / (ii) After all such testimony, if th/City Council finds and determines that ther~ exists on the premises a public nuisanc~' a! defined in Section 41-688.2 of these pr~gis~ons, and that the public nuisance requires/abatement, it may allow abatement by means of/re-institution of previously permitted automDbile service station uses within a stated perig'd of time, including rehabilitation and repai~, or order demolition and removal of all closed, vacant and inopera- tive buildings and by fyqlling of all excavations as prescribed in SectiOn 41-688.8 within a stated period of timq~ Demolition or removal may include removal Df all, subsurface items described in Sectio~ 41-688.8. The City Council's order ma~ also include the revoca- tion .of any permi~'~ or variances previously granted, notwith~%anding any other provision of the Santa Ana/~Municipal Code. The City Council's order may also provide that if abatement ~s not commenced within the period of time the ~ity Council has found and determined to be reasonable under the circumstances (but in no even~ less than thirty (30) days from the date of t~ order) thgt further City-in!tiated proceedi~s shall be ~mplemented according to law, including demolition and removal by The City or through contract. The order may also include as an ~lternative an instruction to the City Attorney that if abatement is not c~mmenced and accon}/plished as prescribed, to institute appro- pri court proceedings for the demolition, and/or enjoinment of the public nuisance. (iii) Sec. 41-688 1. Performance of Demolition Work; Recovery of Costs (a) demolition or removal work is to be done by the ty pursuant to Sec. 41-688.1Q(e)(iii), the Direc- to of Planning shall issue his order therefor to the D' ~ctor of Public Works and the work shall be accom- by city personnel or by private contract under direction of the Director of Public Works. (b) ~he procedure determining the costs and assessing them shall follow as closely as possible the procedures ex- tablished in Chapters 8 and 9 of the Uniform Building Code, Volume IV, Dangerous Buildings Code, 1970 edi- tion as previously adopted by reference by Sec. 8-1900 of this Code, except that: (i) the revolving fund to finance demolition, exca- vation and removal work shall be designated the Abandoned Service Station Abatement Fund, -13- Sec. (ii) Work done shall be limited to.~uch demolition,,./ excavation and removal as is authorized by order of the City Council under Sec. 41-688.10(e)(~ii). / (iii)Persons entitled to notice of hearing on e~ablish- ment of costs shall be those persons described in Sec. 41-688.7. / 41-688.12. Non-exclusivity. The procedures provided in this Abandoned Servi Code shall be in addition to any other remedies by law. Station provided Sec. 41-688.13. Limitation of Action. Any party aggrieved with the proceedings sion or action taken by the City Council under these s in ordering the abatement of a public nuisance other order, must bring an action to contest such proceed decision, action or order within thirty (30) days aftE the decision, action or order of the City Council. Sec. 41-688.14. Service of Resol Any action taken or order made these provisions shall be by resolut lution shall be served personally or parties who were entitled to notice not later than fourteen (14) calend decision of the City Council. he City Council under A copy of the reso- ¥ certified mail to all Section 41-688.7. days following the Sec. 41-688.15. Authorit enforce. The Director of Plannin( the Director of Building Safety and Housing, the Planning Co~ ssion and such City officers or employees as they shall desi nate are hereby delegated the authority to implement the: provisions whenever their action is required. SECTION lO: Sf ar section, subsection, sentence, clause, phrase or port' of this ordinance is for any reason held to be inw or unconstitutional by the deci- sion of any court of jurisdiction, such decision shall not affect th( dity of the remaining portions of this ordinance. City Council of the City of Santa Ana hereby declares it would have adopted this ordinance and each section , sentence, clause, phrase or portion thereof )ective of the fact that any one or more sections, ons, clauses, phrases or portions be declared inval or unconstitutional. SECTIO passage of in some da Santa Ana ll: The Clerk of the Council shall certify to ordinance and cause the same to be published newspaper printed and published in the City of the S ON 12: This Ordinance shall take effect thirty (30) days and after the date of its adoption. -14- PASSED AND ADOPTED by the Santa Ana at its regular meeting , 1974. City Council held on the of the City of day of ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) / I, FLORENCE I. MALONE, do hereby c~rtify that I am the Clerk of ~he Council of the City of San~a Ana; thai the fore- going Ordinance was introduced to saidJCouncil at its regular meeting held on the .day of J , 1974, and was again considered by sa~d Co~hcil at its meeting held nn the day of ~~, 1974, and was at said meeting passed and adopted bye/ the following vote, to wit: AYES, NOES, COUNCIL) : ABSENT, COUNC : CLERK OF THE COUNCIL APPROVED AS TO : -15-