§ 23.10.160. Permit Revocation.

The code enforcement officer may initiate proceedings to revoke the approval of any land use permit issued pursuant to 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 23.10.040 - Enforcement Hearings). Such 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 such 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 pursuant to Section 23.10.030 (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 Planning Commission. If revocation of a Plot Plan, Site Plan, Minor Use Permit or Departmental Review is being considered, the hearing shall be conducted by the Director of Planning and Building acting as Zoning Administrator, pursuant to Section 23.01.040b of this title.

c.

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

In the absence of an appeal pursuant to subsection d. of this section, revocation shall become effective 14 days after the action of the hearing body. Upon the effective date of revocation, the code enforcement officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance pursuant to Section 23.10.150, with the time limit for action by the permittee specified in the notice being that set by the hearing body in the revocation order.

d.

Appeal. The permittee may appeal the decision of the hearing body, and such appeals shall be processed pursuant to Section 23.01.042. Upon appeal, revocation does not take effect until affirmed by the appeal hearing body identified by Section 23.10.042. After the hearing, the appeal hearing body 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 hearing body.

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 pursuant to approval of a new land use permit and any other authorizations or permits required by this code.