(a) Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein.
(b) The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Board of Trustees stating the grounds therefore.
(c) No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing. Notice shall be provided by publishing notice in a newspaper of general circulation, posting notice in the designated official places of posting, and mailing notice to the property owner sent to the address of record according to the County Assessor's records via first class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner.
(d) At the hearing, the Board of Trustees shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property right. The Board of Trustees may continue the public hearing to allow additional evidence to be gathered and presented.
(e) If Board of Trustees finds a failure to abide by the terms and conditions of the vested property right, the Board of Trustees may take action by ordinance to declare the vested property rights forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way, or other lands or easements previously dedicated or conveyed to the City or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use, and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter.
(Ord. 395 §3, 2016)