125.03(A) Generally. The , either on his or her own initiative or upon the request of the Mayor or a Commissioner, shall determine whether or not a material misrepresentation or mistake, regardless of any intent to deceive, has occurred during the application or approval process of any
. Should the determine that there is a reasonable likelihood that such a material misrepresentation or mistake has occurred, and provided that it is within ten Years of the date such material misrepresentation or mistake was made, he or she shall schedule a revocation of
hearing before the .
125.03(B) Revocation hearing. The may order the revocation of a
, at a revocation of
hearing, if the finds:
125.03(B)(1) A material misrepresentation or mistake is contained in the application for a
; or
125.03(B)(2) A material misrepresentation or mistake is contained in any documentation, that was provided by the
or anyone on his or her behalf, supporting the application for a
; or
125.03(B)(3) Material misrepresentation or mistake was made by the
, or anyone on his or her behalf, in any oral or written presentation to the
relating to the application or approval process.
125.03(C) Removal of
or
. Should the find that a material misrepresentation or mistake was made during the application or approval process, regardless of an intent to deceive, it may order the removal of the
or
that was permitted to be constructed as a result of the approval. Should the nature of the misrepresentation or mistake be such that the granting of a variance could cure it, the
of the
or
found to be in violation of this section shall have 30 calendar days to apply for such a variance to allow the
to remain in place. If no variance is applied for, or the variance is denied, and at the conclusion of any applicable appeal, the shall provide the
, by certified mail at the address listed in the
’s records, with a Notice to Vacate and Demolish. Thereafter, the
or
must be demolished within 90 days of the mailing of the written notice. If the
has not been demolished at the end of 90 days, the may contract for the demolition, the cost of which shall be a lien against the property coequal with the lien of taxes and superior to all other liens against the property.
(Ord. 2010-21, passed 10-4-2010)