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2023 02-14 PC PACKET
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2023 02-14 PC PACKET
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Last modified
12/4/2025 8:47:21 AM
Creation date
12/3/2025 2:33:19 PM
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Administration
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ADM 05000
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PLANNING PACKET
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PERMANENT
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(b) Because of the peculiar problem in the operation of a gasoline filling station in achieving corn patibiiity with <br />nearby land users, the foil owing are detrimental to the community and are.decla red to be nuisances: <br />(1) The use of ahygamllne filling station premises for the sale or for display in aid of sale of any motor <br />vehicle, unless the premises are also used by a.ri authorized: dealer in the sale of motor vehit] es... <br />(2} The.use of a: gasoline filling statio.rr premises for storage. of abandoned or damaged motor vehicles in <br />excess of seven days:. <br />(3) Storing of or the allowing.of accumulation of used contalners,.discard ed auto parts; discarded tires or <br />other similar debris on a`gasoline service station premises in view of any adjacent land.. <br />(4) Operating a gasoline filling station that does not have its entire.area,co.vered by -a fading, concrete or <br />bituminous paving and grass well maintained,. or other welkmaintained shrubbery. <br />(Code 7999, §§ 185:010-185;030) <br />Sec. 2277. Enforcement: and abatement. <br />(a} Violations. whoeVer causes, allows, maintains or.otherwise creates a. public nuisance under this chapter is <br />guilty of a misdemeanor. This penalty is in additionto any enforcement procedure Authorized in this chapter. <br />(b') Notice of violation. Whenever, in the -judgment of the officer.charged with .enforcement, it is determined, <br />upon investigation, that a public nulsa.nce is.oei.ng maihtain.ed.orexists.within the:.city, such officer shall <br />notify, In Writing, the person committing or rnaintainin.g:such public nuisance anal require.them to terminate <br />and abate the nuisance and to remove such conditions or remedy such defects. The written notice. shaII be <br />.served on the person committing or maintaining the nuisance in person Or by registered mail.. If the premises <br />are not occupied and the address.of the.owner'is unknown, service on the owner may be -had by posting a <br />copy.of the notice on the premises. The notice shall require. the owner.oir occupant of such premises, or <br />both,.to take reasonable steps within a reasonable time to abate and remove.the nuisance, the:steps and <br />time to be. d es! gnated in the.notice, but the maximum time far the rernoval of the nuisance after service of <br />the notice shall not, in. a.ny event, exceed 30 days. Service of notice may be proved by"filing an affidavit of <br />service in the office of the city.clerk settingforth the mariner and time thereof. <br />(c) Fa4ure to correct aboterrient after notice. When an order so:glven is riot complied with, such noncompliance. <br />shall be reported forthwith to the council for.such action. as may be.necessary and d.eemed:adviisa.ble in the <br />name of the city to abate and enjoin the further continuation of the nuisance. <br />(d) Abatement by couneil. costs. If, after such service of notice, the: person served fails to abate the nuisance or <br />make the necessary repairs, alterations or changes in accordance with th.e direction of the. council, the <br />council may cause:s.uch nuisance.to be abated and recover such expenditure,. plus. an additional 25 percent of <br />such:expenditures:by civil action against the person served; or, if.service has.heen made upon the owner or <br />occupant, by ordering the clerk to extend such sum, plus 25 percentthereof,.as a lien against.the property <br />upon which the nuisance existed and to certifythesame.to the county:auditor for collection.in the same <br />manner is ad valorem taxes and special assessments are certified and collected. <br />0cod.e.1999, §§ ?84.005-184;020) <br />Secs. 22-8-22-32. Reserved. <br />ART1CLF 11. NOISE CONTROL <br />(5upp. No. 5) <br />Created: 2022-05-05 14:39:56 [EST]. <br />�.r.. <br />Page 4 of.13 <br />
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