(a) The County Official may modify or revoke a grading permit granted under the provisions of this Division if he or she determines that:
(1) the permit was obtained by fraud, or the permittee has made false or misleading statements on the application or supporting documents, or has hindered or interfered with enforcement of the permit, the conditions thereof, or this Division;
(2) one or more of the conditions upon which the permit was granted have been violated, or grading or clearing was performed in a manner inconsistent with the permit or plans;
(3) the permittee fails or refuses to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices;
(4) the permittee fails or refuses to perform any of the work required or fails or refuses to conform with any of the standards established by a use permit;
(5) the permittee fails to submit all material necessary for approval of a reclamation plan within 120 days from the date of written request therefor;
(6) revocation or modification is reasonably necessary to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property; or
(7) information has been received indicating that previously unknown historical resources (as defined in Public Resources Code Section 21084.1) or unique archaeological resources (as defined in Public Resources Code Section 21083.2) may be located on the site, and therefore a modification is necessary, to prohibit grading in the area of the resources so as to preserve the resources, or to redirect proposed grading so as to avoid the location of such resources until they can be retrieved, or potential impacts to them have otherwise been appropriately mitigated.
(b) A request to revoke or modify the permit or waiver may be made by any County officer, shall be in writing, and shall set forth the grounds upon which revocation or modification is sought.
(c) If a permit is revoked, no further work shall be done upon the site except the correction of hazards as directed by the County Official. Every agreement and every security required by this Division shall remain in full force and effect notwithstanding any such revocation.
(d) The County Official shall consider the request for revocation at a public hearing, unless a public hearing is waived in writing by the permittee. Request for revocation shall be directed to the County Official, who shall fix a time and place for the hearing, to be published once in a newspaper of general circulation published in the County of San Diego. The County Official shall also notify the permittee of the time and place set for the hearing. Any interested person may appear at the hearing and present evidence. At the conclusion of the hearing, the County Official may deny the request for revocation, grant the request for revocation, or modify existing conditions of or add new conditions to the grading permit. The decision of the County Official shall be final.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)