Chapter 11.50 — REVOCATIONS OR MODIFICATIONS

After a public hearing as provided for in this chapter, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of this code or of any ordinance superseded by this code on any one or more of the following grounds:

• A. That such approval was obtained by fraud;

• B. That the use for which such approval was granted is not being exercised;

• C. That the use for which such approval was granted has ceased or has been suspended for one year or more;

• D. That any person making use of or relying upon the permit, variance or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

• E. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.

(LACC Ord. 1494 § 510.1, 1974; Ord. 11 § 2, 1977)

In addition to the grounds for revocation or modification contained in Section 11.50.010 , a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:

• A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;

• B. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

(LACC Ord. 1494 § 510.2, 1974)

Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:

• A. If the city council instructs the commission to set the matter for a public hearing; or

• B. Upon the initiative of the commission.

(LACC Ord. 1494 § 510.3, 1974; Ord. 11 § 2, 1977)

Notice of a public hearing on a revocation or adjustment shall be provided as follows:

• A. To the same persons and in the same manner as required for a public hearing before the commission pursuant to Chapter 11.48 ; and

• B. By such other additional means that the commission deems necessary. (LACC Ord. 1494 § 510.4, 1974)

If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.

(LACC Ord. 1494 § 510.5, 1974)

Notice of the action taken by the commission shall be provided in accordance with the provisions of Section 11.48.070 .

(LACC Ord. 1494 § 510.6, 1974)

An order by the commission revoking or modifying a permit, variance or nonconforming use or structure shall become final and effective 15 days after receipt by the owner or operator of such use of a written notice of action taken on a case, provided no appeal of the action taken has been filed with the city council pursuant to Chapter 11.49 within said 15 days. (LACC Ord. 1494 § 510.7, 1974; Ord. 11 § 2, 1977)