Any discretionary permit may be revoked as provided for in this section.
(A) Review authority.
(1) A permit may be revoked by the review authority that originally approved the permit.
(2) In instances where the Director was the original review authority, the Director may refer an action to revoke a permit to the Planning Commission for review and final decision.
(B) Property owner notification. Prior to initiating proceedings to revoke a permit, the Department must notify the property owner of the permit violations, identify necessary corrections and establish a reasonable period within which the property owner must correct the violations. If the property owner has not corrected the violation within the specified period of time, the Department may proceed with the process to revoke the permit.
(C) Public notice and hearing. Public notice and hearing for any action to revoke a permit must be provided in compliance with § 155.408.100 (Public Hearings).
(D) Findings. The review authority may revoke a permit only if one or more of the following findings can be made:
(1) The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made;
(2) Permit issuance was based on misrepresentation by the applicant, either through the omission or embellishment of a material statement in the application, or in public hearing testimony;
(3) One or more conditions of approval or mitigation measures have been violated, or have not been complied with or fulfilled;
(4) The applicant or property owner has failed or refused to allow inspections for compliance;
(5) Improvements authorized by the permit are in violation of the Zoning Code or any law, ordinance, regulation or statute; and/or
(6) The use or structure is being operated or maintained in a manner which constitutes a nuisance.
(E) Appeals.
(1) A decision to revoke a permit by any other review authority may be appealed to the City Council in accordance with § 155.416 (Appeals and Reviews).
(2) A decision of the City Council to revoke a permit is final and may not be appealed.
(F) Effect of revocation.
(1) The revocation of a permit has the effect of terminating the approval and denying the privileges granted by the permit.
(2) The prior holder of a revoked permit may not apply for a new permit for the same or substantially similar use on the property within one year of the permit revocation.
(Ord. 885-C.S., passed 5-21-19)