§ 50-58. Abandoned stations.

If any filling station shall be closed to business for a period of 120 consecutive days, the filling station shall be deemed abandoned and the premises occupied by such filling station shall be subject to the following regulations:

(1)

Upon the expiration of such 120-day period, the building official shall give notice to the owner of the abandoned filling station, as such owner's name may appear on the tax rolls of the city, requiring the owner to demolish and remove all buildings, structures, pumps and signs situated on the premises and to remove all underground storage tanks in accordance with the National Fire Protection Association Code No. 30, Appendix C (1966) and Michigan Fire Prevention Act—Act No. 207 of the Public Acts of Michigan of 1941 (MCL 29.1 et seq., MSA 4.559(1) et seq.), as amended. The demolition and removal shall be completed within 30 days from the date the notice is mailed to the owner and within such 30-day period the owner shall remove all rubbish and debris from the premises and properly backfill all excavated areas.

(2)

Upon receipt of the notice given by the building official, the owner may, within a period of 30 days following receipt of such notice, petition the city commission to suspend the application of the notice requirements, and upon the city commission determining that there is a reasonable likelihood that the subject premises can within a reasonable time be utilized for a filling station or converted to another business use permitted under this Code, the city commission may suspend the applicability of the notice of the building official for such period of time as it may deem reasonable.

(3)

If prior to the time the building official has given the notice above described an affidavit is filed with the building official stating that the property has been sold, rented or leased and the premises are to be utilized for another business purpose or for the reopening of a filling station, the building official may defer giving the notice for a period not to exceed 90 days.

(Code 1963, § 9.48)