A.
The
purpose of this chapter is to identify procedures for securing punitive
revocation or modification of previously approved permits and approvals.
B.
The
city's action to revoke permits and approvals shall have the effect
of terminating the permits or approvals and denying the privileges
granted by the original approval.
C.
Modifications.
1.
The
city's action to modify a permit or approval, rather than to revoke
it, shall have the effect of changing the operational aspects of the
permit or approval.
2.
The
changes may include the operational aspects related to buffers, duration
of the permit or approval, hours of operation, landscaping and maintenance,
lighting, noise, odors, parking, performance guarantees, property
maintenance, signs, surfacing, traffic circulation, and similar aspects.
(Ord. 777 § 1 (Exh. A),
2002)
The review authority may hold a public hearing to revoke or
modify any permits and approvals granted in compliance with the provisions
of this title. Fifteen days before the hearing, notice shall be delivered
in writing to the applicant and/or owner of the property for which
the land use permit or approval was granted. Notice shall be deemed
delivered two days after being mailed, first class postage paid, to
the owner as shown on the current tax rolls of the county, and/or
the project applicant. The only exception to this notice requirement
shall be for temporary use permits, which only require a twenty-four-hour
notice to the applicant.
A.
A certificate,
license, permit, or other approval may be revoked or modified by the
review authority (e.g., director, commission, or council) which originally
granted the permit or approval, or the equivalent city review authority,
for permits or approvals originally granted under the county's authority,
if any one of the following findings are made:
1.
Circumstances
under which the permit or approval was granted have been changed by
the applicant to a degree that one or more of the findings contained
in the original permit or approval can no longer be made in a positive
manner, and the public convenience, health, interest, safety, or welfare
require the revocation;
2.
The
permit or approval was issued, in whole or in part, on the basis of
a misrepresentation or omission of a material statement in the application,
or in the applicants testimony presented during the public hearing,
for the permit or approval;
3.
One
or more of the conditions of the permit or approval have not been
substantially fulfilled or have been violated; and
4.
The
improvement/use authorized in compliance with the permit or approval:
a.
Is in violation of a code, law, ordinance, regulation, or statute
of the city, state, or federal governments;
b.
The manner of operation constitutes or is creating a public nuisance;
or
c.
Has ceased operation or has been abandoned for a minimum period of
one hundred eighty days. Abandonment is generally evidenced by the
actual removal of equipment, furniture, machinery, structures, or
other components of the use, discontinuance of utilities and services,
or where there are no business receipts/records available to provide
evidence that the use remains in continual operation.
B.
A minor
variance or variance may be revoked or modified by the review authority
which originally granted the permit or approval, or the equivalent
city review authority, for permits or approvals originally granted
under the county's authority, if any one of the following findings
are made:
1.
Circumstances
under which the permit or approval was granted have been changed by
the applicant to a degree that one or more of the findings contained
in the original permit or approval can no longer be made in a positive
manner, the public convenience, health, interest, safety, or welfare
require the revocation, and the grantee has not substantially exercised
the rights granted by the minor variance or variance; or
2.
One
or more of the conditions of the minor variance or variance have not
been substantially fulfilled or have been violated, and the grantee
has not substantially exercised the rights granted by the minor variance
or variance.
(Ord. 777 § 1 (Exh. A),
2002)
All revocation and modification actions shall be subject to
the applicable provisions of this title, including the procedures
identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.74 Public Hearings
(Ord. 777 § 1 (Exh. A),
2002)
