Chapter 8.32
UNOCCUPIED SERVICE STATIONS1
Sections:
8.32.010 Service station defined.
8.32.030 Temporary occupancy—Conversion of use.
8.32.040 Removal of advertising material.
8.32.080 Assessment entered onto tax rolls.
8.32.090 Sale of materials from removed or demolished building.
8.32.100 Stations unoccupied prior to February 1, 1974.
8.32.110 Penalty for violation.
8.32.010 Service station defined.
“Service station,” as used in this chapter, means any premises used for the retail sale of motor vehicle fuel, minor accessories and services excluding minor and major automobile repair, for delivery into the consuming vehicle on the premises. (Prior code § 10.10.020)
8.32.020 Nuisance declared.
Whenever a service station ceases to be open for business as a service station and is substantially unoccupied for a continuous period of twelve months or more, such nonoperating and unoccupied service station is declared a public nuisance. (Ord. 290-74 § 1, 1974; prior code § 10.10.010)
8.32.030 Temporary occupancy—Conversion of use.
A. Occupancy of the premises for less than thirty days shall not be deemed to interrupt the twelve months’ vacancy unless such occupancy is accomplished by actual operation of an automobile service station with normal and adequate inventories of motor vehicle fuel.
B. If prior to the twelve months’ vacancy limitation the owner shall desire to convert the building or property to another use such conversion must be approved by the city. Approval for such conversion may be obtained only after it is determined that the structure and/or proposed use is in conformance to all codes and regulations governing the proposed use. Proposed site arrangements including parking, landscaping, curb restoration, lighting, signing, etc., must conform to code stipulation.
C. Occupancy of the site, premises or building prior to obtaining a certificate of occupancy from the department of community development shall be considered as violating this chapter. (Ord. 290-74 § 2, 1974; prior code § 10.10.030)
8.32.040 Removal of advertising material.
A. Within not more than thirty days of the date that the station becomes unoccupied the owner of the property shall remove all advertising signs, flags, banners and similar promotional display from the premises.
B. Storage of tires, automobile parts, used automobiles, oil drums, and similar related articles shall be prohibited unless such articles are entirely enclosed within a locked structure.
C. In the event the owner or party in interest fails to remove such articles and/or advertising display within the thirty-day period, the city through appropriate departments shall cause the removal and the cost of such removal shall be assessed against the real property as provided by RCW 35.80.030(1)(h). (Ord. 290-74 § 4, 1974; Ord. 233-73 § 3A, 1974)
8.32.050 Nuisance notice.
The director of community development, or his authorized agent, upon discovering a service station substantially unoccupied as described above for a continuous period of twelve months or more shall give to the owner of such service station written notice stating that the service station at the specified location has been unoccupied for a continuous period of twelve months and thus constitutes a public nuisance. Such notice shall specify that within thirty days from the date of this notice, unless otherwise stipulated by the director of community development, the service station shall either resume activities as an actual operating automobile service station with normal and adequate inventories of motor vehicle fuel, or in the alternative, the buildings and structures on the site specified in the notice shall be demolished and removed together with the removal of all underground tanks and piping. Proper service of such notice shall be by personal service upon the owner of record, if he shall be found within the city limits. If he is not found within the city limits such service may be made upon said owner by registered or certified mail; provided, that if such notice is by registered mail or certified mail, the designated period within which said owner or person in charge is required to comply with the order of the director of community development, or his designee, shall begin as of the date he receives such notice. (Ord. 290-74 § 3, 1974; prior code § 10.10.040)
8.32.060 Action by city.
In case the owner fails, neglects or refuses to comply with the notice to actively operate a service station, or to demolish and remove said buildings, tanks, or structure or portion thereof, the city council may order the owner of the building prosecuted as a violator of the provision of this code and may order the director of community development, or his designee, to proceed with the work specified in such notice. (Prior code § 10.10.050)
8.32.070 Costs of action.
The amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal, or demolition by the director of community development, or his designee, plus two hundred fifty dollars administration and collection fee costs, shall be collected from the owner by collection procedures, including action of the debt and execution, or such costs may be assessed against the real property upon which such cost was incurred unless such amount is previously paid. (Prior code § 10.10.060)
8.32.080 Assessment entered onto tax rolls.
In the event that costs are assessed against the real property, the county treasurer of Snohomish County, upon certification to him by the city treasurer of the amount being due and owing shall enter the amount of such assessment upon the tax rolls against the property for the current year, and the same shall become a part of the general taxes for that year to be collected at the same time and with the same interest (not to exceed ten percent) and penalties, and when collected shall be deposited to the credit of the general fund of the city; provided, that the city treasurer, upon written request of the owner or party in interest, may divide the amount due into not to exceed ten equal annual installments, subject to earlier payment at the option of the owner or party in interest, provided such installments shall be no less than thirty dollars. (Prior code § 10.10.070)
8.32.090 Sale of materials from removed or demolished building.
If the building is removed or demolished under the direction of the director of community development, the director, or his designee, may, if possible, sell the materials of such buildings; provided, that any such sale shall be upon the condition that the building be forthwith demolished, the wreckage and debris thereof removed and the lot cleaned. Any surplus from the sale of salvage materials from demolition, over and above the cost of demolition, cleaning the sites and administrative fees, shall be retained to be distributed to the parties or person lawfully entitled thereto. (Prior code § 10.10.080)
8.32.100 Stations unoccupied prior to February 1, 1974.
That all service stations ceasing to be open for business as a service station and are substantially unoccupied prior to February 1, 1974, shall be governed by the one-year nonoperation provisions as set forth in the original Ordinance No. 233-73. (Ord. 290-74 § 7, 1974)
8.32.105 Time extensions.
The aforementioned time limits may be extended in the following manner:
A. Any owner or lessee of an unoccupied service station may apply to the planning director, as established in Title 15 of this code, for an extension of the one-year time limitation specified in this chapter. Such application should be made not less than forty-five days prior to the end of the one-year period.
B. The planning director may authorize an extension of the time limitation specified herein for a period of not more than one hundred twenty days in those specific cases wherein the director finds that one of the following facts or conditions exist:
1. That the literal enforcement of the provisions or requirements of this chapter would cause undue and unnecessary hardship, including but not limited to economic hardship;
2. That there is a real probability that the service station will reopen or be converted to another use within one hundred twenty days.
C. In making his/her determination, the planning director shall take into consideration the following factors:
1. That the character and design of the service station is compatible with the other structures and buildings in the neighborhood and the general maintenance and housekeeping of the structure and property is of such a nature that it is compatible with adjacent properties;
2. That the authorization of such time extension will not be materially detrimental to the public welfare or injurious to property in its vicinity in which the property is located. (Ord. 2975-07 § 18, 2007: Ord. 325-74 § 1, 1974)
8.32.110 Penalty for violation.
A. Any person wilfully violating or failing to comply with any provision of this chapter, upon conviction thereof, is subject to a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months or both such fine and imprisonment.
B. Each day that any violation of or failure to comply with this chapter is committed or permitted to continue constitutes a separate and distinct offense under this section and is punishable as such hereunder; provided however, that the court may, in appropriate cases, stay the cumulation of penalties. (Ord. 290-74 § 5, 1974)
CROSS REFERENCE: Business licenses and regulations, see Title 5.