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(a) An application shall expire and be considered abandoned 180 days after the last date that additional information, revisions, or funds (items) are requested, if the applicant has failed to provide the items requested, except as set forth below:
(1) Special Studies. Whenever special studies (e.g., CEQA, etc.) are requested by the County that are reasonably expected to take longer than 180 days to complete, the application will not be considered inactive on the basis of the time required to complete such special studies. Staff will estimate a completion date and should these studies be delayed beyond the initial projected completion date, a new projected date of completion shall be established after which the application shall expire and be considered abandoned in 180 days if no action occurs on the project.
(2) The Director may grant one 90-day extension if the following criteria are met:
(A) A written request for extension is submitted at least 30 days prior to the expiration date;
(B) The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested revisions or information; and
(C) The applicant provides a reasonable schedule for submittal of the requested revisions or information.
(3) At the sole discretion of the Director, the Department may extend any expiration date, as set forth in this Subdivision (a), of an application without a written request from an applicant when additional time for County processing or scheduling of appointments is required; when the Department needs information or responses from other agencies; or under other similar circumstances as determined by the Director or authorized designee thereof.
(b) Notwithstanding Subdivision (a), an application made subsequent to the initiation of any enforcement action by the County concerning the use of land, a structure, and/or the use or occupancy of a structure(s) (as set forth in § 86.09.050) that is the subject matter of that enforcement action, shall be deemed expiredabandoned if the Director determines, in the exercise of his or her discretion, that the applicant has failed to substantially comply with the application process in a timely manner, given the type of land-use approval required and the nature of the violation(s) to be corrected. The submission of requested items in a piecemeal fashion resulting in unnecessary delays shall constitute prima facie evidence of the applicant’s failure to substantially comply with the application process in a timely manner. The Department shall provide written notice to the applicant of any determination of expiration under this Subdivision. Following the abandonment of an application pursuant to this Subdivision, the County may continue with the enforcement action unless the subject matter of that enforcement action has already been abated, removed, corrected, or enjoined pursuant to § 85.03.020, Chapter 86.09, or any other provision of this Code.
(Ord. 4244, passed - -2014; Am. Ord. 4360, passed - -2019)