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 Simi Valley
 Code of Ordinances
 Title 4. PUBLIC SAFETY
 Chapter 1. ABANDONED SERVICE STATIONS*

  § 4-1.10. Hearing procedures.  

Latest version.

  • The Council may prescribe rules governing the procedure of hearings conducted by it. A quorum for a hearing shall consist of at least three (3) members. Any act or decision shall require the concurrence of a majority of the members of the Council.

    (a)

    At the hearing, after the City, through the Director of Environmental Services and other officials as the Council shall require, shall have stated its case and presented its 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.

    (b)

    After all such testimony, if the Council finds and determines that the alleged state of nonuse on the real property exists, and that it constitutes a public nuisance as defined in Section 4-1.02 of this chapter, and that the public nuisance requires abatement, the Council may allow 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 the filling of all excavations, as prescribed in subsection (e) of Section 4-1.05 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 said Section 4-1.05. The Council's order may also include the revocation of any permit or variance previously granted, notwithstanding any other provision of this Code.

    (c)

    The Council's order 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 thirty (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, to institute appropriate court proceedings for the demolition, removal, or enjoinment of the public nuisance.

    (d)

    Any cost incurred by the City in bringing about the required demolition and removal of buildings and filling of excavations may be ordered by the Council to be charged to the persons claiming by virtue of the records of the County Recorder to be the owners of the real property or to be charged as a lien against the real property itself. The procedure to be followed in determining the costs shall be that set forth in the Code for the Repair, Vacation, or Demolition of Dangerous Buildings, current edition, heretofore adopted by the City.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by § 15, Ord. 873, eff. November 21, 1996)