9-4-11: REVOCATION OF PERMIT:

   A.   Duties Of Zoning Official: If the zoning official determines, based upon an inspection by city staff, that there are reasonable grounds for revocation of a development permit or approval authorized by these regulations, the zoning official shall set a hearing before the original decision maker. If the decision was made by the zoning official, the hearing shall be conducted by the zoning board of adjustment. If the city council was the original decision maker, it may refer the proposed revocation to the planning commission for its report and recommendation prior to the hearing 1 .

   B.   Notice And Public Hearing: Notice of the permit revocation hearing shall be given in the same manner as provided in section 9-4-2 of this chapter. The public hearing shall be conducted in accordance with the procedures established in section 9-4-7 of this chapter.

   C.   Decision And Notice: Within fourteen (14) days after the conclusion of the hearing, the decision maker shall render a decision to revoke the permit or allow the applicant to retain the development permit or to reconsider the permit, and shall notify the holder of the permit and any other person who has filed a written request for such notice in the manner provided in subsection 9-4-2E of this chapter.

   D.   Effect And Appeals: A decision to revoke a development permit shall become final fourteen (14) days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of these regulations. An appeal from the decision to revoke the permit shall be to the city council and shall conform to the procedures established in subsection 9-4-9B of this chapter.

   E.   Reconsideration: The reviewing body may determine that it is necessary to reconsider the appropriateness of the development permit. Based upon this determination, the city council shall schedule a public hearing and provide such notice as was required pursuant to the original development approval. At the hearing, the city council shall reconsider the criteria governing the permit approval, the evidence submitted at the public hearing and the circumstances of the permit. Following the public hearing, the city council may revoke the permit or allow the applicant to retain the development permit.

   F.   Right Cumulative: The city's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 172, 9-24-1996, eff. 10-31-1996)

 

Notes

1	1. Development permits that have violated conditions of approval.