16.82 Revocations and Modifications

The purpose of this chapter is to provide a process for revoking or modifying permits which protects 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 development code, it may, from time to time, become necessary to revoke or modify a previously approved permit, entitlement, license, or approval.

(Ord. 182 § 2 (part), 1997)

The commission is authorized to revoke or modify a permit, entitlement, license, or approval, subject to the appeal provisions of Chapter 16.78. A public.hearing in compliance with Chapter 16.76 shall be required for the revocation or modification of permits.

(Ord. 182 § 2 (part), 1997)

Revocation or modification of permits may be initiated in the following manner:

• A. Council. By the consensus of the council:

• B. Commission. By the consensus of the commission:

• C. Director. By the director based on reasonable evidence provided to show conditions are not being adhered to; or

• D. Complaints. Based on citizens' complaints.

• (Ord. 182 § 2 (part), 1997)

A. Written Notice. The director shall provide written notice to the applicant, and/or owner of the property for which the permit was granted. at least ten days before the scheduled public hearing (except for temporary use permits, which require only a twenty-four- (24-) hour notice). Notice shall be deemed delivered two days after being mailed, first class postage paid, return receipt requested, to the owner as shown on the county's latest equalized assessment roll and/or to the project applicant, who is not the owner of the subject property. The notification shall specifically state the reasons for the revocation or modification.

B. Rescheduling. In taking action to revoke or modify a permit, the commission shall have the discretion to reschedule the date of the revocation or modification hearing, in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

(Ord. 182 § 2 (part), 1997)

A. Permits, Entitlements, Licenses, or Approvals. A permit, entitlement, license, or approval may be revoked or modified by the commission if any one of the following findings of fact can be made in a positive manner:

1. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public convenience, health, safety, and general welfare require the revocation;

2. The permit was obtained in a fraudulent manner;

3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

4. The use for which the permit was granted had ceased or was suspended for at least one hundred eighty (180)

days;

5. The use or improvement for which the permit was granted is being or is allowed to be or operates in violation of any code, law, ordinance, regulation, or statute; or

6. The use or improvement for which the permit was granted has become detrimental to the public convenience, health, safety, and general welfare or the manner of operation constitutes or is creating a nuisance.

• B. Variance Revocation or Modification. A variance may be revoked or modified by the commission if any one

• of the following findings of fact can be made in a positive manner:

1. Circumstances 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

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

(Ord. 182 § 2 (part), 1997)

A. Commission's Decision. A revocation or modification shall not become effective until the commission has made the decision to revoke the approval or modify the status of the permit, and until the time period to appeal the commission's decision to the council has lapsed with no appeal being filed.

B. Appeal of Commission's Decision. In the event an appeal of the commission's decision is appropriately filed in compliance with Chapter 16.78, the revocation or modification shall not become effective until and unless the council decides to revoke the approval or modify the status of the permit. The decision of the council on revocation or modification of a permit is immediately final.

C. Written Notice of Decision. The applicant and/or owner of the property shall be notified in writing of the commission's and council's decision(s).

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

A permit, entitlement, license, or approval may be modified by the review authority (e.g., director, commission, or council) which originally approved the permit, entitlement, license, or approval without the consent of the property owner or operator, if the review authority finds that the use or related development constitutes or is creating a nuisance.

(Ord. 182 § 2 (part), 1997)