Danville Municipal Code § 32.4 Decision Making Authority and Review Process

An approved planning application may be revoked if the applicant, his successors or assigns, has committed or allowed the commission of any of the following acts relating to the premises, or any portion thereof, covered by the approval:

a. Continued violation of the terms, limitations or conditions of approval after notice of the violation;

b. Violation of requirements of this Code relating to the premises or activities authorized;

c. Failure to abate a nuisance after notice;

d. Any suspension or revocation of a license or permit required by another agency for the entitlement authorized by the application approval;

e. Any act or failure to act resulting in the conviction of an applicant, operator, or employee of a violation of Federal or State law, or County or Town ordinance in connection with the operation of the entitlement authorized by the application approval.

(Ord. #2015-09, § 1)

Hearing on revocation shall be scheduled by the Planning Division before the decision making authority which approved the planning application. The Planning Division shall give notice of the hearing on revocation in the same manner as on an initial hearing to approve the application.

(Ord. #2015-09, § 1)

The hearing shall be conducted according to any rules of procedures adopted for initial hearing, except that the Town shall have the burden of proving the charges and shall open and close the hearing.

(Ord. #2015-09, § 1)

The decision making authority hearing the revocation shall make its findings and render in decision in writing. The decision may order additional terms, limitations or conditions of approval, a specified probationary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation.

(Ord. #2015-09, § 1)

If the applicant is dissatisfied with the decision, he may appeal as provided in subsection 32-4.7.

(Ord. #2015-09, § 1)

32-5—32-19 RESERVED.