§ 12-27. Abandoned gasoline service station.

(a)

An abandoned gasoline service station located within the City are hereby declared a nuisance. It shall be unlawful to maintain or permit the existence of any abandoned gasoline service station in the City. For purposes of this section, an "abandoned gasoline service station" shall mean any gasoline service station that has not been operated for at least three hundred (300) hours in any sixty (60) calendar day time period.

(b)

The corporate authorities, police officers employed by or acting on behalf of the City, and/or other persons or agencies charged with the enforcement of this chapter shall have the right to enter any property at any reasonable time to inspect any the premises for the purpose of determining whether this chapter is being complied with. Refusal by any owner of right of entry shall cause the City to seek the permission of a court of competent jurisdiction for right of entry.

(c)

Upon discovery of any violation of this section 12-27, the City may direct its attorneys, agents, and employees to proceed to abate the nuisance as provided for in division 4 of this chapter, provided, however, that any person, corporation, association, company, owner, occupant, or agent causing, allowing, or permitting an abandoned gasoline service station shall have up to ninety (90) days after the notice to abate is issued pursuant to section 12-33 to rectify the violation.

(d)

A nuisance caused by abandonment of a gasoline service station, may be abated only as follows:

(1)

Placing the gasoline service station back in operation for a minimum of six (6) hours per day, six (6) days per week; or,

(2)

Removal of all underground storage tanks, associated piping, pumps, canopies and/or bays and any appurtenances thereto, as well as any contamination of soil and groundwater, in accordance with all applicable federal, state, and City rules, regulations and laws.

(Ord. No. 3-2018 , § 1, 2-6-2018)