Article 18 — Revocation, Suspension, Modification, and Termination

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 159, 328, 331, and 332.

The City Manager or his or her designee may periodically review any variance, conditional use permit, design review approval or nonconforming use to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare or to confirm that the applicable premises are being maintained free of prohibited conditions or uses. Prior to referring the matter to the Planning Commission for review as provided in this article, the City Manager or his or her designee shall contact the property owner, the occupant of the property, or both such persons or entities, in an effort to seek clarification of the facts surrounding the use or condition of the property and seek voluntary compliance with the terms and conditions of the applicable approval or with the Code requirements for nonconforming uses. If the facts cannot be sufficiently ascertained or the matter cannot be resolved to the satisfaction of the City Manager or his or her designee, and the City Manager or his or her designee determines that there is sufficient evidence to warrant further review, then the City Manager or his or her designee may refer the matter to the Planning Commission for review. (Ord. 07-711, § 7)

After the requirements of Section 9-2.1801 of this article have been satisfied, the Planning Commission may periodically review any variance, conditional use permit, design review approval or nonconforming use to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare or to confirm that the applicable premises are being maintained free of prohibited conditions or uses. If after

review, the Planning Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date regarding the modification or revocation of the entitlement shall be set.

(Ord. 07-711, § 7)

• (a) After the requirements of Sections 9-2.1801 and 9-2.1802 have been satisfied, the Planning Commission, without filing an application, and following a public hearing, may revoke, suspend or modify any previously granted variance, conditional use permit, or design review approval if the Planning Commission finds that such variance, conditional use permit, or design review approval:

  • (1) Was obtained by fraud, which for purposes of this paragraph shall mean a knowing misrepresentation of a material fact or concealment of a material fact made to induce another to act;

  • (2) Has ceased for one year or more;

  • (3) Has been exercised or used in violation of the conditions of approval of the variance, conditional use permit, or design review approval, or in violation of the Artesia Municipal Code, State law or Federal law; or

  • (4) Has been exercised or used in such a manner that constitutes a nuisance.

• (b) After the requirements of Sections 9-2.1801 and 9-2.1802 have been satisfied, the Planning Commission, without filing an application, and following a public hearing, may terminate a nonconforming use if the Planning Commission finds that such nonconforming use:

  • (1) Has ceased for one year or more;

  • (2) Has been exercised or used in violation of the Artesia Municipal Code, State law or Federal law; or

  • (3) Has been exercised or used in such a manner that constitutes a nuisance.

Notice of the Planning Commission's action on any such revocation, suspension, modification or termination shall be transmitted to the City Council pursuant to Section 9-2.1707 . (Ord. 07-711, § 7)

If a variance, conditional use permit, or design review approval is revoked, modified or suspended or a nonconforming use is terminated, the property shall be brought into compliance with the Artesia Municipal Code within 30 days of the Planning Commission's decision to revoke, modify, suspend or terminate unless a longer period of time is specified by the Planning Commission or the Council. If said property is not brought into compliance within the stated time, such variance, conditional use permit, design review approval, or nonconforming use shall be void, and all the privileges granted pursuant to the provisions of this chapter shall lapse.

(Ord. 07-711, § 7)

• (a) The Planning Commission and Council shall notify the person owning or operating a use for which the revocation, suspension or modification of a variance, conditional use permit, design review approval, or the termination of a nonconforming use will be, is being or has been considered by the Planning Commission or Council, as the case may be, and such other persons known to the Council or Planning Commission as having any right, title, or interest in the property, of the action taken by the Planning Commission or Council of the following:

  • (1) A meeting to initiate proceedings to revoke, suspend or modify a variance, conditional use permit, design review approval, or terminate a nonconforming use;

  • (2) A meeting during which the revocation, suspension or modification of a variance, conditional use permit, design review approval, or the termination of a nonconforming use will be considered; and

  • (3) The action of approval or denial by the Planning Commission or the Council regarding the revocation, suspension or modification of a variance, conditional use permit, design review approval, or the termination of a nonconforming use.

• (b) Such notification shall be made either by serving a notice in the manner required by law for the service of a summons or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested.

• (Ord. 07-711, § 7)

An order by the Planning Commission revoking, suspending or modifying a variance, conditional use permit, design review approval, or terminating a nonconforming use shall become final and effective 15 days after the date of service of a summons or the postmarked date of the registered or certified mail containing the written notice of the action taken, provided no appeal of the action taken has been filed with the City Clerk within such 15 day period. The failure of any person to receive a notice shall not suspend or extend an appeal period. (Ord. 07-711, § 7)

An order by the Planning Commission revoking, suspending or modifying a variance, conditional use permit, design review approval, or terminating a nonconforming may be appealed to the City Council by the property owner or occupant of the property within 15 days after the date of service of a summons or the postmarked date of the registered or certified mail containing the written notice of the action taken. The failure of any person to receive a notice shall not suspend or extend an appeal period. Appeals to the City Council shall be set for public hearing and, following the hearing, the City Council may take action on the appeal as provided in Article 19 (Appeals) of this chapter. The decision of the City Council upon an appeal from an action of the Planning Commission shall be final and conclusive as to all things involved in the matter. If there is any conflict between the terms of this article and the terms of Article 19 , the terms of this article shall prevail. (Ord. 07-711, § 7)