(A) Purpose. The purpose of this section is to establish uniform procedures to govern the revocation of permits and the city's recovery of its reasonable costs incurred in connection therewith.
(B) Revocation of permit. A permit may be revoked for:
(1) The failure of the permittee to comply with the provisions of the City Code pursuant to which said permit was issued;
(2) The failure of the permittee to comply with the provisions of any relevant city ordinance other than and in addition to the sections of the Code pursuant to which the permit was issued;
(3) The failure of the permittee to comply with any term or requirement imposed by the city as a condition of the issuance of the permit, including but not limited to timely payment of all permit fees and third-party review costs;
(4) The making of any material misrepresentation or false or misleading statement by the permit applicant or one acting on his behalf in connection with or on the permit application;
(5) The failure of the permittee to timely commence the work as required or authorized by the permit as approved by the city; or
(6) The failure of the permittee to timely complete the work as required or authorized by the permit as approved by the city;
(7) Any other reason allowed by law.
(C) If the city determines that a permittee is in noncompliance, as that term is defined herein, or that a permit should be revoked for any other reason allowed by law, the city shall give written notice by certified mail, return receipt requested, to the permittee and, if not the same person, the property owner, which notice shall:
(1) State the nature of the noncompliance or other condition warranting revocation;
(2) Direct the specific action be taken to correct the noncompliance or other condition warranting revocation within 30 days of the receipt of the notice, which action may include the requirement that the permittee provide such additional information as the city deems necessary;
(3) Advise that a hearing may be requested before the City Council to determine whether or not the permittee is in noncompliance, and whether or not the permit should be revoked;
(4) Advise that to request a hearing, a written application therefor must be filed with the City Secretary within ten days of receipt of the notice provided for herein; and
(5) Advise that if no hearing is requested within said ten days, and if the required corrective work is not completed within the 30-day period specified in the notice, the permit shall be revoked.
(D) If no hearing is requested and if the required corrective action is not completed within the time specified by the city, the permit shall be revoked and shall be void and of no effect as if it had never been issued. No work shall be done in connection with the project for which the permit was issued except as thereafter expressly directed or authorized by the city.
(E) Hearing before the City Council.
(1) If a hearing has been requested within ten days of receipt of the notice by the filing of a written application therefor with the City Secretary, the City Council shall, no later than 30 days after receipt of said request, hold a hearing to determine whether the permittee is in noncompliance or if some other reason recognized by law exists which would warrant the revocation of the permit and whether the permit should be revoked. Written notice of the date, time and place of the hearing shall be given to the permittee and, if not the same person, the owner of the property.
(2) If, after hearing, the City Council determines that the permittee is in noncompliance or that such other condition exists that would warrant revocation of the permit, and that the permit should be revoked, it shall order that the necessary corrective action be completed within such time as the Council directs. If the work is not so completed, the permit shall be revoked, and shall be void and of no effect as if it had never been issued. No further work shall be done in connection with the project for which the permit was issued except as thereafter expressly directed or authorized by the city.
(F) Inspections.
(1) In addition to any inspection authorized or required pursuant to any city ordinance or sections of this Code in connection with the issuance of a permit, the city is authorized to enter upon any property to which a permit relates at any reasonable hour to inspect the work for which the permit was issued. If the property is occupied, the city's representative shall first present credentials and request entry. If the property is vacant, the city's representative shall first make a reasonable effort to locate the owner or other persons who have charge or control of the property and request that entry be granted.
(2) If the owner, occupant or person in control refuses to grant the city's representative entry, and the city has reasonable cause to believe that the permittee is in non-compliance as that term is defined in this section of the Code, the city's representative shall seek and obtain a search warrant from the Municipal Court Judge, the purpose of which is to determine whether or not the permittee is in non-compliance, before entering upon the property.
(G) Extensions. The city may grant such extensions of time as it deems appropriate to those permittees who have made a reasonable effort to comply with the city's directives.
(H) Application. The provisions of this section shall apply to the revocation of permits issued by the city pursuant to ordinances which do not include therein any specific procedure for permit revocation.
(I) Recovery of costs.
(1) The city may, upon notice to the permittee, retain such experts, including but not limited to engineers, sanitarians, hydrologists and attorneys, to advise and represent the city in connection with its determination that a permittee is in non-compliance, as that term is defined herein and/or, that a permit should be revoked. In the event that the city does determine that a permittee is in non-compliance and the permit is finally revoked, the permittee shall reimburse the city for the reasonable costs incurred in connection with the retention of such experts.
(2) In addition to any other method allowed by law pursuant to which the city can recover the costs it incurs in connection with the permit revocation proceedings, including those authorized by division (I)(1) above, the city may, at its discretion, collect on any bond or letter of credit required of the permittee.
(3) Nothing in this section is intended to limit the remedies available to the city.