Article VI — REVOCATION OF PERMITS

The provisions of this article shall apply to all use permits or zoning variances granted by the planning commission or zoning administrator or by the city council after appeal from the planning commission, pursuant to any provisions of this code.

(Ord. 406 § 1; Ord. 902; Code 1997 § 32-50)

The code enforcement officer shall periodically review all use permits or variances, hereinafter designated as permits, to determine whether all conditions of such permits have been complied with and whether any use is being made of the property in violation of the terms or conditions of the permit.

(Ord. 902; Code 1997 § 32-51)

The code enforcement officer shall review all complaints by citizens or city officials to determine whether a violation of any term or condition of a permit exists. (Ord. 902; Code 1997 § 32-52)

If the code enforcement officer determines that a use is being made of a property in violation of the terms or conditions of a permit, he shall cause a written notice of such violation to be served upon the owner of such property by certified mail, using the owner's name and address from the last equalized assessment roll of the county. If the name of the holder of a permit is different from that shown on the last equalized assessment roll, a copy of such notice shall be sent to the name and address shown on the application for such permit. One copy of such notice shall be posted upon the property within five days of such mailing.

(Ord. 902; Code 1997 § 32-53)

The notice required by SLTCC § 6.55.550 shall read substantially as follows:

Notice to Owner or Permit Holder of Violation in Use of Property

To (insert name of owner and/or permit holder)

You are hereby notified that a violation of the terms and conditions of the (use permit) (zoning variance) No. ____ issued on __________, 20, exists on the real property located in the City of South Lake Tahoe, County of Dorado, State of California, described as:

(Insert legal description)

also described as El Dorado County Assessor's Parcel No(s). _______________________.

The violation consists of the following:

(Insert detailed description)

You are further notified that, unless you correct said conditions and receive a certificate of correction from the Code Enforcement Officer, or request a hearing before the Planning Commission of the City of South Lake Tahoe within 30 days from the date of mailing of this notice, Use Permit (or Zoning Variance) No. ____ will be revoked and all improvements placed upon said property in reliance upon this Use Permit (or Zoning Variance) will be unlawful upon the property and will have to be removed.

Dated: ___________, 20.

(signature)________

Code Enforcement Officer

(Ord. 406 § 1; Ord. 902; Code 1997 § 32-54)

The owner or permit holder shall have the right to correct any conditions defects that may be corrected within 30 days and receive from the code enforcement officer a certificate of correction, and thereafter the notice of violation shall be of no force or effect. (Ord. 902; Code 1997 § 32-55)

The owner or permit holder may appeal to the planning commission from an enforcement certificate of correction pursuant to Chapter 2.35 SLTCC. Upon the timely filing of an appeal, the procedures set forth in SLTCC § 6.55.640 for use permits and variances shall be followed.

• A. The planning commission shall first determine whether or not violation of the terms or conditions of the permit exist. If it is determined that no violations exist, the notice of violation shall be ordered set aside.

• B. If it is determined that one or more violations do exist, the planning commission may take any one or more of the following actions:

  1. Order the permit revoked.

  2. Grant a period of time to be determined by the commission for the correction of defects.

  3. Impose additional different conditions upon the permit.

4. Remove conditions imposed upon the permit. (Ord. 902; Ord. 1105 § 1 (Exh. B); Code 1997 § 32-56)

The decision of the planning commission on a revocation hearing may be appealed by any person directly and adversely affected by the decision, in accordance with the procedures set forth in Chapter 2.35 SLTCC and SLTCC § 6.55.640 .

(Ord. 902; Ord. 1105 § 1 (Exh. B); Code 1997 § 32-57)

If the owner or permit holder does not either:

• A. Receive a certificate of correction from the code enforcement officer; or

• B. Request a hearing before the planning commission;

within 30 days after the date of mailing of the notice as set forth in SLTCC § 6.55.560 , the use permit or zoning variance referred to in such notice is revoked and is of no further force and effect. (Ord. 902; Code 1997 § 32-58)

Revocation of a permit shall make it unlawful for any use to be made of the property which is not in conformity with the law applicable thereto, and any improvements located upon the property which are not in conformity with existing zoning are hereby declared to be a nuisance. (Ord. 902; Code 1997 § 32-59)