§ 22.74.160. Permit Revocation.

The Code Enforcement Officer may initiate proceedings to revoke the approval of any land use permit issued in compliance with this Title or the former zoning ordinance (Ordinance 603 and all amendments thereto) 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 Title or a condition of approval, as provided by this Section.

A.

Notice of Pending Revocation. The Code Enforcement Officer shall notify the permittee of the intended revocation of the approval of a land use permit at least 10 days before a revocation hearing (Section 22.74.060 - Enforcement Hearings). 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 22.74.060 (Enforcement Hearings). If the land use permit to be revoked is a Development Plan, or Conditional Use Permit, the revocation hearing shall be conducted by the Commission. If revocation of a Zoning Clearance, Plot Plan, Site Plan Review, Site Plan, Minor Use Permit or Departmental Review is being considered, the hearing shall be conducted by the Director acting as Zoning Administrator, in compliance with Section 22.70.020.B.

C.

Action to revoke. If after the revocation hearing the Review Authority finds that grounds for revocation have been established, the Review Authority may:

1.

Allow the permittee 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 Review Authority.

In the absence of an appeal in compliance with Subsection D., revocation shall become effective 14 days after the action of the Review Authority. Upon the effective date of revocation, the Code Enforcement Officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance in compliance with Section 22.74.150, with the time limit for action by the permittee specified in the notice being that set by the Review Authority in the revocation order.

D.

Appeal. The permittee may appeal the decision of the Review Authority, and these appeals shall be processed in compliance with Section 22.70.050. Upon appeal, revocation does not take effect until affirmed by the appeal Review Authority identified by Section 22.70.050. After the hearing, the appeal Review Authority may affirm, modify or reverse the decision to revoke the permit. In the absence of an appeal, revocation shall take effect 14 days after the decision of the Review Authority.

E.

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.

[Chapter amended 1988, Ord. 2339, 2345] [22.10.160]