Sec. 38-221. Revocation of Discretionary Permits.
A. Duties of Community Development Director.Upon determination by the Community Development Director that there are reasonable grounds for revocation of a use permit, variance, site plan approval, or other discretionary approval authorized by this ordinance, a revocation hearing shall be set by the appropriate body which took final previous action on the permit. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
B. Notice and Public Hearing.Notice shall be given in the same manner required for a public hearing to consider approval. Contents of any notice shall be as prescribed by Subsection 38-159(D).
C. Hearing.The person or body conducting the hearing shall hear testimony of City staff, the owner of the use or structure for which the permit was granted, if present, and any other interested person. A public hearing may be continued without additional public notice.
D. Required Findings.The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings:
1.That the permit was issued on the basis of erroneous or misleading information or misrepresentation; or
2.That the terms or condition(s) of approval of the permit have been violated or that other laws or regulations have been violated; or
3.That there has been a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months.
E. Decision and Notice.Within 10 working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.
F. Effective Date; Appeals.A final decision to revoke a discretionary permit shall become final 10 days after the date of the decision.
G. Right Cumulative.The City’s right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 3424 § 1, 2009)