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An improvement location permit, certificate of occupancy, building permit, or any other development approval may be revoked by the Director of Planning and Development in accordance with this subchapter if the recipient of the approval fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed in connection with the issuance of the approval. Before a development approval can be revoked, the Director of Planning and Development shall undertake the following procedures:
(A) Notice and Opportunity to Comment. The Director of Planning and Development shall cause a written notice of intent to revoke the development approval to be delivered to the recipient of the approval at least ten working days prior to the date of the proposed revocation. The notice of intent to revoke the approval shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations. The notice shall also inform the approval holder of the alleged grounds for the revocation.
(B) Hearing. If the development approval holder desires a hearing, the Director of Planning and Development shall set a date for a public hearing.
(C) The Director of Planning and Development Decision. After the expiration of the ten working day notice and comment period, or within ten working days of the close of the public hearing, the Director of Planning and Development shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons and findings of fact that support his decision.
(D) Notification of Decision. The Director of Planning and Development shall send his decision within five working days to the approval holder and any other person(s) previously requesting notification.
(E) Evidence. The burden of presenting sufficient evidence to the Director of Planning and Development to conclude a development approval should be revoked for any of the reasons set forth in this subchapter shall be upon the party proposing the revocation.
(F) Result of Revocation. No person may continue to make use of land or buildings in the manner authorized by any development approval after the approval has been revoked in accordance with the provisions of this subchapter.
(G) Records. A record of all written notices of the intent to revoke a development approval shall be kept on file in the office of the Director of Planning and Development. At least once a year, the Director of Planning and Development shall make public a listing of his decisions, by address, regarding the written notices of the intent to revoke a development approval.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)