§ 9-78.070. Permit Revocation

A.

Procedures. This Section provides procedures for securing revocation of previously approved land use permits or entitlements by the Director.

B.

Hearings and notice.

1.

The body which granted the permit or entitlement shall hold a public hearing within 30 days after the Director sends written notice of the intent to revoke the permit or entitlement granted in compliance with the provisions of this Development Code. Decisions shall be made within 15 days of hearing and notification of decision given within 15 days thereafter by certified mail (return receipt requested) and first class mail.

2.

12 days before the public hearing, notice shall be mailed or delivered in writing to the applicant and owner of the property for which the permit was granted, in compliance with Chapter 9-74 (Public Hearings).

C.

Review authority's action. A land use permit or entitlement may be revoked by the authority which originally approved the permit or entitlement if any one of the following findings of fact are proved by a preponderance of the evidence:

1.

The permit or entitlement was issued, in whole or in part, on the basis of a material misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or entitlement;

2.

The improvement or use allowed by the permit or entitlement has become detrimental to the public health, safety, or welfare and constitutes a public nuisance, or the manner of operation constitutes or is creating a public nuisance;

3.

The permit or entitlement has not been exercised for at least 12 consecutive months or has ceased to exist, and thereby has been abandoned; or

4.

There has been nonperformance of the Conditions of Approval (noncompliance) of the permit or entitlement within the allotted time.

D.

Nonwaiver. The failure of the reviewing authority to revoke a permit whenever cause therefor exists or occurs does not constitute a waiver of the right with respect to any subsequent cause for revocation of the permit.

E.

Revocation. The City's action to revoke a permit or entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

F.

Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit after the revocation thereof, or pending a judgment of the court upon any application for writ taken to review the decision or order of the reviewing authority in the City in revoking the permit.

G.

Actions to remedy the default or ensure safety. Nothing contained in this Section shall be construed to prevent the performance of the operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance, or violation, for which a revocation of the permit was ordered by the City, or operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.

H.

Administrative appeal. The action of the revising authority shall be administratively appealable.

(§ 5, Ord. 1085, eff. January 6, 2006)