A conditional use permit or a special exception may be revoked by the planning commission.
A. Grounds For Revocation: In addition to the grounds set forth in section 13.94.030 of this title, any of the following shall be grounds for revocation:
1. The use for which a permit or special exception was granted has ceased for one year or more;
2. The holder or user of a permit or special exception has failed to comply with the conditions of approval or any city, state, or federal law governing the conduct of the use;
3. The holder or user of the permit or special exception has failed to construct or maintain the site as required by an approved site plan; and
4. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
B. Community Development Director: The community development director shall forward a recommendation to the planning commission, as to whether or not the permittee has failed to comply with the conditions precedent to the original approval of the conditional use or special exception or has otherwise violated any provision of this title occurring on the site for which the conditional use or special exception was approved.
C. Planning Commission:
1. Prior to taking action concerning revocation of a conditional use permit or special exception, a public meeting shall be held by the planning commission.
2. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee within twenty (20) days of the meeting. The permittee shall be given the opportunity to show cause why the conditional use permit or special exception should not be amended or revoked.
D. Other Legal Proceedings: Revocation of a conditional use permit or special exception shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit. (Ord. 2012-15, 9-20-2012)
E. Appeal: The holder or user of a conditional use permit or special exception revoked by action of the planning commission may appeal the decision to the city council. The city shall send notice of the appeal. The city shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-04, 4-14-2016; amd. Ord. 2021-18, 8-5-2021)