Shafter Zoning Code § 2.190 Revocation of Permits

1. Purpose and Intent

In order to protect the public health, safety and welfare, and in order to enforce the provisions of this Title, it may, from time to time, become necessary to revoke a previously authorized approval or approved permit. The purpose of this Section is to provide a process for revoking approvals or permits to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the City.

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CITY OF SHAFTER DEVELOPMENT CODE

2. Authority

Authority to revoke permits or approvals shall be vested with the Planning Commission where the Planning Commission was the final approving authority in granting the permit or approval or with the City Council where the City Council was the final approving authority in granting the permit or approval. A public hearing pursuant to Section 2.140 of this Title, shall be required for revocation of permits or approvals. Notwithstanding the above, the Building Official shall have the authority to revoke building permits pursuant to the provisions of the Uniform Building Code.

3.

Required Findings

A permit or approval subject to revocation pursuant to the provisions of this Section may be revoked by the Planning Commission or City Council if any one of the following findings is made:

• a. That the permit or approval was obtained by misrepresentation or fraud:

• b. That the use for which the permit or approval was granted has ceased, and was suspended for six or more consecutive calendar months;

• c. That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statue, ordinance, law or regulation; or

• d. That the public health, safety and welfare can be served only by revocation.

4. Notification and Time Limits for Correction

   • a. The Planning Director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty (30) calendar days for the holder to correct or show substantial progress toward correcting the defect(s) that serve as the basis for the proposed revocation. In the event said defects are not corrected within thirty (30) calendar days from the date the notice is mailed, or substantial progress is not made during said thirty (30) day period and diligently continued until fully corrected, a public hearing date before the Planning Commission, or City Council where applicable, shall be set pursuant to the provisions of Section 2.140 of this Title.

   • b. In taking action to revoke a permit, the Planning Commission or City Council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

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