Division 2 — REVOCATIONS

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Title 16; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 16, the Planning Director shall have the authority to initiate revocation proceedings.

(Ord. 1104, passed 7-19-04)

(A) The Planning Director shall schedule a hearing before the Planning Commission for the purpose of considering revocation of the permit or approval. In the case where the Planning Commission's original action consisted of a recommendation to the City Council, the Planning Commission's action on the revocation shall also consist of a recommendation to the City Council, and the City Council shall have the authority to revoke the permit or approval. (B) At least 30 days prior to the revocation hearing, the permittee subject to the revocation hearing shall be given written notice of the city's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.

• (C) At least ten calendar days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval.

• (D) At the hearing, the Planning Director shall present evidence supporting the motion for permit or approval

revocation. The owner of the property, use, or business subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

• (E) The public shall be given the opportunity for comment.

• (F) The Planning Commission or City Council shall make a decision regarding the revocation based upon the information presented at the hearing and shall within 20 days of the hearing make findings and report its decision in writing. A copy of the decision shall be mailed via certified mail, or similar method providing proof of delivery, to the party whose permit is being revoked.

• (Ord. 1104, passed 7-19-04)

Prior to revoking a permit or an approval adopted under this Development Code, the following findings must be made:

• (A) The permit or approval was obtained by deception or fraud;

• (B) The permit or approval represents a public nuisance;

• (C) The use subject to the approval no longer exists; or

• (D) The permit or approval has not been activated in accordance with the terms of this Title 16.

• (Ord. 1104, passed 7-19-04)