(A) The Director of Public Works shall have the power to revoke any permit granted under the provisions of this chapter if the Director of Public Works determines that the permit was obtained by fraud, or that one or more of the conditions upon which the permit was granted have been violated, or that the permittee failed or refused to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices; or that the permittee fails or refuses to perform any of the work required, or fails or refuses to conform with any of the conditions or standards established for any subdivision, lot division, use permit or the approval granted by city or fails to eliminate any hazard or condition as referred to in § 162.180.
(B) The permittee, owner or other party aggrieved or adversely affected by the revocation of the grading permit may appeal such action to the City Council. Any such appeal shall be in writing and shall be submitted to the City Clerk, and shall cite reasons and contain other information as necessary to explain why the Director of Public Works' action should be rescinded or modified. Upon receipt of any such written appeal, the City Clerk shall set the matter for public hearing.
(C) All grading work shall be suspended between the date the permittee is notified of the hearing and the date upon which the City Council renders its decision. Any interested person may appear at the hearing and present evidence. At the conclusion of a hearing on an appeal of a permit revocation, the Council may deny the appeal, modify existing conditions of, or add new conditions to the permit, or reinstate the permit or impose any penalty provided by law. The decision of the City Council shall be final.
(D) If a permit is revoked, no further work shall be done upon that site except the correction of hazards, and the completion of any work required by the permittee's agreement. Every agreement and every security required by this chapter shall remain in full force and effect notwithstanding any such revocation.
(Ord. 1449, passed 10-19-05)