§ 153.215 REVOCATION OF APPROVALS, PERMITS AND LICENSES.

   The land use authority or Zoning Administrator may revoke an approved application, permit or license in accordance with the procedures set forth in this section and the building code if it is determined that the application, decision, permit or license was based on materially inaccurate, misleading or incomplete information provided by the applicant.

   (A)   Revocation procedures. If the land use authority, Building Official or Zoning Administrator determines, based on inspection, that there exists reasonable grounds for revocation of a building permit authorized by this chapter, the building permit may be revoked subject to the appeal process outlined in this chapter. Any person aggrieved by such decision may appeal by submitting, within 15 days of the revocation, a written request prior to a citation being issued, with the Administrative Hearing Officer as provided at § 153.217. This procedure is in addition to and separate from the procedures required in the building code in regard to the Board of Appeals.

   (B)   Notice and public hearing. At least 14 days’ notice of a proceeding to reconsider or revoke the development permit, building permit or license shall be given to the applicant.

   (C)   Required findings. The Administrative Hearing Officer may revoke the development approval, building permit or license upon making one or more of the following findings:

      (1)   That the development application or building permit was issued on the basis of erroneous or materially misleading information or misrepresentation provided by the applicant; and

      (2)   That the terms or conditions of approval of the permit relating to establishment or operation of the use, building or structure have been violated or that other laws or regulations of the city applicable to the development have been violated.

   (D)   Decision and notice. Within five days of the conclusion of the hearing, the Administrative Hearing Officer shall render a decision and shall notify the holder of the permit or license of the decision and any other person who has filed a written request for such notice.

   (E)   Effect.

      (1)   A decision by the land use authority or the Administrative Hearing Officer to revoke a permit or license shall become final five days after the date notice of the decision was given, or expiration of the appeal period and conclusion of the appeal process set out in §§ 153.250 through 153.256.

      (2)   After the effective date, all activities pursuant to such permit shall be deemed in violation of this chapter.

(Prior Code, § 10-12-6) (Ord. 020912-02, passed 2-9-2012)