9-7-11: REVOCATION OF TOWER USE PERMITS:
Any TUP issued pursuant to this chapter may be revoked after a hearing as provided hereinafter. If the zoning officer finds that any permit holder has violated any provision of this chapter, or has failed to make good faith reasonable efforts to provide or seek collocation, the zoning enforcement officer shall notify the permit holder in writing that TUP is revocable due to the permit holder's noncompliance with the conditions of the permit. The zoning enforcement officer shall convene a meeting with the permit holder no later than thirty (30) working days from the date of the letter. The zoning officer may require the permit holder to correct the violation within a reasonable amount of time or the zoning official may recommend to the city council that the TUP be revoked. After the appropriate public hearing, the mayor and city council may revoke the tower use permit (TUP) upon such terms and conditions, if any, that the mayor and city council may determine. Prior to initiation of revocation proceedings, the city shall notify the permit holder, in writing, of specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed sixty (60) working days. The permit holder shall provide the city with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the mayor and city council shall convene a public hearing to consider revocation of the TUP. The hearing shall be conducted pursuant to notice of publication in a newspaper of general circulation in the city of Colona not less than ten (10) days prior to the hearing and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The mayor and city council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party's expense. (Ord. 15-01, 9-10-2001)