San Luis Obispo County |
County Code |
Title 22. LAND USE ORDINANCE |
Article 4. STANDARDS FOR SPECIFIC LAND USES |
Chapter 22.40. CANNABIS ACTIVITIES |
§ 22.40.120. Procedure for Revocation.
A Cannabis Enforcement Officer may initiate proceedings to revoke the approval of any land use permit issued in compliance with this Chapter in any case where a use of land has been established or is conducted in a manner which violates or fails to observe the provisions of this Chapter or a condition of approval, as provided by this Chapter.
A.
Notice of pending revocation. The Cannabis Enforcement Officer shall notify the permit holder of the intended revocation of the approval of a land use permit at least 10 calendar days before a revocation hearing, which will be held in accordance with Section 22.40.130. Service of notice shall be accordance with Section 22.74.020. If the Notice is served by mail the time period set forth above shall be extended by two (2) additional days. The notice shall contain the following.
1.
A heading reading, "Notice of Revocation Hearing".
2.
The provisions and/or conditions violated and the means to correct the violation(s), if any.
3.
The date and place of the revocation hearing.
B.
Revocation hearing. Before any action is taken to revoke an approved land use permit, a hearing shall be conducted in compliance with Section 22.40.130.
C.
Action to revoke. If after the revocation hearing the Cannabis Hearing Officer finds that grounds for revocation have been established, the Cannabis Hearing Officer may:
1.
Allow the permit holder additional time to correct the violation or non-compliance; or;
2.
Modify conditions of approval on the basis of evidence presented at the hearing; or;
3.
Revoke the approved land use permit and order the discontinuance or removal of the approved use within a time specified by the Cannabis Hearing Officer following an enforcement hearing held pursuant to section 22.40.130.
The Cannabis Hearing Officer shall issue a written decision within five (5) calendar days after the close of the hearing. The decision of the Cannabis Hearing Officer shall be final and revocation shall become effective 7 days after the action of the Cannabis Hearing Officer. Upon the effective date of revocation, the Cannabis Enforcement Officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance in compliance with Section 22.40.130.
D.
Use after revocation. When an approved land use permit has been revoked, no further development or use of the property authorized by the revoked entitlement shall be continued, except in compliance with approval of a new land use permit and any other authorizations or permits required by this Code.
[2017, Ord. 3358; 2018, Ord. 3377]