Chapter 17.98 — ENFORCEMENT

This chapter establishes provisions which are intended to ensure compliance with the requirements of this development code and any conditions of planning permit or subdivision approval, to promote the city's planning efforts, and for the protection of the public health, safety, and general welfare of the city.

A.

Compliance with Development Code Required. All departments, officials, and public employees of the city which are vested with the authority or duty to issue licenses or permits shall comply with the provisions of

this development code and shall not issue a license or permit for purposes, structures, or uses which would be in conflict with the provisions of this development code.

B.

Compliance with Municipal Code Chapters 1.10 through 1.15 Required. The enforcement of this development code, and any condition of a planning permit or subdivision approval imposed in compliance with this development code, shall comply with Municipal Code Chapters 1.10 through 1.15.

A.

Purpose. Discretionary permits or approvals issued in compliance with this development code may be revoked or modified in compliance with this section.

B.

Procedures. This section provides procedures for securing punitive revocation or modification of previously approved permits or approvals.

C.

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

D.

Modifications. City modification of a permit or approval instead of revocation may include any of the operational aspects of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for approval.

E.

Hearings and Notice.

1.

The appropriate review authority (e.g., director, commission, or council) that originally granted the permit or approval shall hold a public hearing to revoke or modify a permit or approval granted in compliance with

the provisions of this development code.

2.

Ten days before the public hearing, notice shall be delivered in writing to the applicant for the permit or approval being considered for revocation, and/or owner of the property for which the permit was granted. The only exception to the ten-day notice provision shall be for limited term permits which, because of their short-term nature, shall only require a twenty-four-hour notice.

3.

Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

F.

Review Authority Action.

1.

Permits. A permit or approval may be revoked or modified by the appropriate review authority that originally approved the permit, if the review authority first makes any one of the following findings:

a.

Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and general welfare require the revocation or modification;

b.

The permit or other approval was granted, in whole or in part, on the basis of a 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 approval;

c.

One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;

d.

The approved use has ceased to exist or has been suspended for at least twelve months; or

e.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance as defined in Municipal Code Section 9.28.

Variances.

a.

A variance or minor variance may be revoked or modified by the appropriate review authority that originally approved the variance or minor variance, if the review authority first makes any one of the following findings, in addition to the findings in Subsection F.1., above:

(1)

Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the variance or minor variance; or

(2)

One or more of the conditions of the variance or minor variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance or minor variance.

b.

If the grantee has substantially exercised the rights granted by the variance or minor variance as identified in Subsections F.2.a(1) and F.2.a(2) above, the appropriate action would be to modify rather than revoke the variance or minor variance.

3.

Appeal. The revocation or modification of a permit or approval in compliance with this section may be appealed in compliance with Chapter 17.91 (appeals).