Chapter 19.88 — REVOCATION PROCEDURE

This chapter provides the process for the revocation or modification of any permit, or variance granted under this chapter.

(Ord. 5428 § 1, 2014)

Notwithstanding any other provisions of this title to the contrary, a permit or variance shall cease to be valid, and all rights or privileges granted thereby shall lapse, whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of the conditions of approval to be void or unenforceable, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

(Ord. 5428 § 1, 2014)

A permit or variance may be revoked or modified for cause as provided by the provisions of this section. For purposes of this chapter, the modification of a permit or variance may include the modification of the terms of the permit or variance itself or the waiver, alteration or imposition of new conditions.

• A. Grounds for Revocation or Modification. A permit may be revoked or modified upon a finding of any of the following grounds:

  1. The permit was obtained or extended by false, misleading or incomplete information;

  2. One or more of the conditions upon which the permit was approved have been violated, or have not been complied with.

• B. Initiation of Action. The revocation of a permit or the modification of the conditions of approval of a permit shall be initiated by order of the Planning Commission. The order shall specify the basis upon which the action to revoke the permit or to modify the conditions is to be evaluated during the hearing to revoke or modify.

• (Ord. 5428 § 1, 2014)

• A. The City Council shall hold a public hearing on the revocation of a permit or the modification of the conditions of a permit on the grounds stated by the Planning Commission. The hearing shall be held in a timely manner after the issuance of an order of the Planning Commission. The hearing shall be noticed in the manner provided for a Type “B” notice as set forth in Section 19.78.020 . The Council may grant a continuance of the hearing date upon a showing of reasonable cause or to allow the permittee additional time to adequately prepare for the hearing.

• B. At the hearing, the Planning Division shall present evidence showing the cause for revocation of the permit or modification of the conditions of the permit. The permittee shall be entitled to present additional or rebuttal evidence as he or she may desire regarding the issues in question. The City Council shall consider all of the evidence, and may revoke the permit or modify a condition of a permit if it finds by a preponderance of the evidence that:

  1. The permit was obtained or extended based upon false, misleading, or incomplete information submitted with the application for the permit; or

  2. One (or more) of the conditions upon which the permit was approved has been violated, or has not been fully complied with in a timely manner.

• C. In its discretion, the City Council may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The decision of the City Council shall be final.

• (Ord. 5428 § 1, 2014)