(b) Expiration of Approval. Approval of a conditional use permit approved by City Council shall expire twelve (12) months from the date of approval unless construction has commenced or the use established. A single extension of the conditional use permit, not to exceed six (6) months, may be granted by City Council after written request by the applicant.
(c) No application for a conditional use permit which has been denied wholly or in part by City Council shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission and Council.
(d) Revocation.
(1) If the Building Commissioner finds that any provision of this Chapter relating to a conditional use permit is being violated or that any condition, safeguard, or requirement of a conditional use permit is being violated or breached, the Building Commissioner shall send a written notice by certified mail to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it.
(2) The notice shall state what action the Building Commissioner intends to take if the violation is not corrected and shall advise that the Building Commissioner’s decision or order may be appealed to City Council within ten (10) days of receipt of the notice.
(3) If no appeal is filed, the Building Commissioner shall take necessary and appropriate action to resolve the violation. If an appeal is filed, all action shall be stayed unless the Building Commissioner prepares a statement, as approved by the Law Director, certifying that the situation poses imminent peril to the public health, safety or welfare of persons or property and that immediate action is warranted.
(4) If an appeal is filed, City Council shall set a date for hearing. At least ten (10) days prior to the hearing, written notice shall be issued to the property owner.
(5) Council shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. Council may take any of the following actions:
A. Amend the terms of the conditional use permit.
B. Revoke the conditional use permit.
C. Order the Building Commissioner to take action necessary to correct the violation.
(6) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety, or welfare, the Building Commissioner may seek enforcement without prior written notice.
(e) Transfer of Conditional Use Permit to New Owner of Conditional Use. A conditional use permit shall expire when ownership of the use is transferred to a new owner. A conditional use permit may be transferred to a new owner of the use for which the original permit was granted provided that the new owner shall submit a written request for transfer of the permit. The request shall include a statement ensuring compliance with all conditions of the original permit. The Building Commissioner shall inspect the premises for conformance with the original permit, shall review the record regarding the permit and the operation of the use, and shall transfer the conditional use permit to the new owner if the use is found to conform to the permit conditions or is brought into conformance.
(Ord. 5-2007. Passed 3-13-07.)