A. Grounds for revocation.
1. The
may revoke a
permit at any time for the following reasons:
a. A violation of any provision or standard of this code;
b. A violation of any term or condition of the permit;
c. Failure to pay the city Business License fee in a timely manner.
2. Complaints. The may revoke the permit, approve the as it exists, or compel measures to be taken to ensure the does not infringe upon the right of neighboring residents to the peaceful enjoyment of their residential neighborhood and homes, or otherwise be detrimental or disruptive in terms of appearance or operation to neighboring properties, residents, or the community at large and conformance with this code after reviewing a formal complaint. Complaints may be originated by the or the public. Complaints from the public must clearly state the objection to the .
3. Nuisance. A that is established or operating in violation of this code may be declared to be a nuisance and may be abated as such (Municipal Code § 91.050 et. seq. Abatement Procedure). The shall revoke a permit upon declaration of a public nuisance.
4. The
may discontinue the revocation proceeding if the basis for revocation is corrected.
B. Procedure. Revocation of a permit shall be considered and decided by the Planning Commission. Type III notice procedures shall be followed. The or any private complaining party shall have the burden to prove, based on substantial evidence in the whole record, that the has violated the approval or code.
C. Cessation of
pending review. If it is determined by the in exercise of reasonable discretion, that the in question will affect public health, welfare, or safety, the use may be ordered to cease pending review or exhaustion of all appeals. declared a public nuisance shall cease operations pending review or exhaustion of all .
D. Waiting period for re-application. When a permit has been revoked due to a violation of the standards and provisions of the code or any condition of approval attached to the permit, a minimum period of one year shall elapse before another for the subject property or will be considered.
E.
business license. Revocation of a permit will initiate revocation proceedings for the associated business license.
(Ord. 2023-03, passed 5-22-2023)