Abatement.
San José Municipal Code § 17.44.070
in effect17.44.070 - Abatement.
Once a gasoline service station has been abandoned as set forth in Section 17.44.030, it must be abated in accordance with the following:
A. Said premises must be tested for soil contamination. If such contamination is found, the soil must be rendered free of such contamination through appropriate cleanup procedures. All soil testing and cleanup procedures shall be in accordance with applicable federal, state and local regulations.
B. Said premises shall be used or occupied for any purpose only in accordance with the following:
1. The premises may be reinstated to a gasoline service station only if a reinstatement permit has been issued pursuant to Section 17.44.080.
2. The premises may be converted and another use allowed by this Code pursuant to either a special use permit or a conditional use permit as set forth in Title 20 of this Code.
C. The premises may be abated by removal of all buildings and equipment and safeguarding or removal of any flammable or combustible liquid storage tanks, in compliance with the provisions of Chapter 17.68. The site shall be cleaned and all trash, refuse, automotive parts, vehicles and any other items on the site as a result of the gasoline service station use shall be removed.
(Ord. 21972.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.44ABABSEST_PT1GEPRDE_17.44.070ABFetched: 11/1/2026