Chapter 9.84 — PERMIT REVOCATIONS

To the extent consistent with law, in order to protect the public health, safety, and welfare, and in order to enforce the provisions of this code, it may become necessary to revoke a previously authorized approval or approved permit. The purpose of this chapter is to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the town. (Ord. 251, 11-18-2014)

• A. Any permit granted in compliance with this code may be revoked upon one or both of the following findings:

1. Any term or condition of that permit has not been, or is not being complied with; or

2. The permit has been issued or exercised in a manner which creates a nuisance, or is otherwise detrimental to the public health, safety, or welfare.

B. Such revocation may be initiated by a resolution of intention adopted by either the commission or the council. Such resolution of intention shall provide notice to the holder of the permit in noncompliance, violation or nuisance, reasonable opportunity to correct the noncompliance to the satisfaction of the town. Such reasonable opportunity for correction may be provided by scheduling the actual hearing on revocation for a date which will allow time for such correction. (Ord. 251, 11-18-2014)

Authority to revoke permits or approvals shall be vested with the commission for permits approved by staff or the commission or vested with the council where the council was the final review authority in granting the permit or approval. A public hearing in compliance with chapter 9.85, "Public Notices And Hearings", of this article 5, shall be required for revocation of permits or previous approvals. (Ord. 251, 11-18-2014)

If a resolution of intention is adopted to initiate the revocation of any previously authorized approval or approved permit, the commission or council shall set the matter for a hearing, giving notice of the time, place and review authority as prescribed in chapter 9.85, "Public Notices And Hearings", of this article 5. A copy of the resolution of intention shall be sent to the permittee and the current owner of record. Upon the conclusion of the hearing, the commission or the council may, upon making the appropriate findings, either revoke the permit or amend the permit in lieu of revocation. (Ord. 251, 11-18-2014)

Any decision of the commission regarding an action to revoke a permit may be appealed to the council in compliance with chapter 9.81, "Appeals", of this article 5. Any decision of the council to revoke a permit or to amend a permit shall be final.

A. Purpose: Discretionary permits or approvals issued in compliance with this development code may be revoked or modified in compliance with this chapter.

B. Procedures: This section provides procedures for securing revocation or punitive modification of previously approved permits or approvals.

• C. Revocations: The town's action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.

D. Modifications: Town modification of a permit or approval instead of revocation may include any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original finding for approval.

• E. Hearings And Notice:

1. The appropriate review authority shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this development code.

2. At least ten (10) days before the public hearing, notice shall be "delivered" in writing to the applicant for the permit or approval being considered for revocation, and/or owner of the property for which the permit was granted.

3. Notice shall be deemed "delivered" two (2) days after being mailed, certified and first class, through the United States postal service, postage paid, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

• F. Action By Reviewing Authority:

1. Permits: A conditional use permit, site plan and design review, or other town planning permit or approval (except a variance, see subsection F2 of this section) may be revoked or modified by the reviewing authority (e.g., director, commission, or council) that originally approved the permit, if the reviewing authority first makes any one of the following findings:

a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the revocation or modification;

b. The permit or other approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval;

• c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;

• d. The approved use or structure has ceased to exist or has been suspended for at least twelve (12) months;

• e. An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or

f. The improvement allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.

2. Variances: A variance may be revoked or modified by the review authority which originally approved the variance, if the review authority first makes any one of the following findings, in addition to any one of the findings in subsection F1 of this section:

a. Circumstances under which the original approval was granted 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

b. 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.

G. Amortization: If a revocation is ordered, the commission may provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on an application to the applicable review authority by any affected person.

H. Action Is Appealable: The revocation or modification of a permit or variance is appealable in compliance with chapter 9.81, "Appeals", of this article 5. (Ord. 251, 11-18-2014)