The Planning Commission shall have the authority to revoke a special use permit when the applicant has failed to comply with any of the applicable requirements of this article, other applicable sections of this chapter, or the conditions of approval. The Planning Commission may revoke a previous approval if it finds that a violation exists and has not been remedied. The special use permit may be suspended or revoked according to the following procedures.
(A) Conditions that may result in a suspension or revocation include, but are not limited to, the following:
(1) The special use was not constructed in conformance with the approved plans, or the property is not being used in conformance with the approved special use;
(2) Compliance with the special use permit and any conditions have not been consistently demonstrated, and administrative attempts to secure compliance have been unsuccessful;
(3) The special use permit has been issued erroneously based on incorrect or misleading information supplied by the applicant and/or his or her agents;
(4) The operation of the use granted by the special use permit has created a risk or danger to the public health, safety or welfare; or
(5) The special use violates any provision of this chapter or other city, county, state or federal regulations.
(B) If the Director of Public Works determines that a special use permit should be suspended or revoked, he or she shall prepare a report specifying the factual details of the violation and the reasons to suspend or revoke the permit.
(C) The Director of Public Works shall file the report with the Planning Commission and provide a copy to the owner, authorized agent or employee by certified mail, return receipt requested.
(D) Within 30 days of filing the report with the Planning Commission, a hearing date will be set within 60 days from when the hearing date is set for the Planning Commission to consider the alleged violation(s) to determine if the special use permit should be suspended or revoked. The owner or authorized agent shall be notified personally or by certified mail, return receipt requested, not less than 15 days before the scheduled hearing.
(E) The owner shall have an opportunity to respond to any allegations made by: questioning adverse witnesses; presenting witnesses on his or her behalf; and presenting arguments, personally or through legal counsel in his or her own behalf.
(F) The Planning Commission shall prepare a written report of its findings within 30 days of completing all hearings and provide them to the owner either personally or by certified mail, return receipt requested. If the Planning Commission concludes that the special use permit must be suspended or revoked, the owner shall immediately cease to conduct, operate or carry on the business or use for which the special use permit was granted.
(Ord. effective 11-29-2013; Ord. effective 1-28-2023)