La Palma Municipal Code Div. 5 Revocation and Modification

The purpose of this division is to provide a process for revoking or modifying permits, in order to protect the public convenience, health, safety, and general welfare, as well as the rights to due process of permit holders within the City. In order to ensure the protection of the greater public interest and to enforce the provisions of this chapter, it may become necessary to revoke or modify a previously approved permit or entitlement.

(Ord. No. 2015-01, § 3, 5-5-2015)

The original approval body is authorized to revoke or modify a permit or the entitlement following a public hearing in compliance with Division 2 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Revocation or modification of a permit may be initiated by a vote of the City Council, or the original approval authority based on reasonable evidence demonstrating one of the findings listed in Section 44-612.

(Ord. No. 2015-01, § 3, 5-5-2015)

A permit or entitlement may be revoked or modified if any one of the following findings of fact can be made:

(1) The use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, or to constitute a nuisance.

(2) The approval was obtained by fraud.

(3) The use for which such approval is granted is not being exercised within the time specified.

(4) The use for which approval was granted has ceased to exist or has been suspended for one year or more.

(5) The permit as granted is being or recently has been exercised contrary to the terms and conditions of approval or in violation of a statute, ordinance, law, or regulation.

(Ord. No. 2015-01, § 3, 5-5-2015)

At the conclusion of the public hearing, the original approval body may revoke or modify the subject permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

The decision to revoke or modify a permit may be appealed to the City Council, subject to Division 3 of this article. The subsequent decision by the City Council shall be final.

(Ord. No. 2015-01, § 3, 5-5-2015)