Imperial County Municipal Code Ch. 18 Residential Projects— Modification or Termination

If, upon a finding under Section 92317.02(D), the county determines to proceed with modification or termination of a development agreement, the County shall give written notice to the property owner of its intention to do so. The notice shall contain:

A. The time and place of the hearing;

B. A statement as to whether or not the county proposes to terminate or to modify the development agreement; and

C. Such other information as the county considers necessary to inform the property owner of the nature of the proceeding.

(Prior code § 92318.00)

At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The property owner shall be required to demonstrate good faith compliance with the terms and conditions of the development agreement. The burden of proof on this issue shall be on the property owner. If the board finds, based upon substantial evidence, that the property owner has not complied in good faith with the terms or conditions of the agreement, the board may terminate or modify the development agreement and impose such conditions as it deems necessary to protect the interests of the county. The decision of the board of supervisors is final.

(Prior code § 92318.01)