§ 10-9.107. Revocation.  


Latest version.
  • (a)

    The Director is authorized to serve the property owner with a "Notice of Revocation Proceedings" for any failure to comply with any requirement of this Title or any condition of an approval issued pursuant to this Chapter. The "Notice of Revocation Proceedings" shall be mailed to the owner of the property at the address shown on the last equalized assessment roll. Such notice shall set a public hearing for the Board or Commission consideration to either revoke the approval or take other action as deemed appropriate to ensure compliance with the approval.

    (b)

    After a public hearing held in accordance with this Article, the Board or Commission may modify or revoke any approval issued pursuant to this Chapter on one or more of the following grounds:

    (1)

    The approval was obtained by fraud.

    (2)

    The use for which approval was granted is not being exercised or has ceased to exist.

    (3)

    The approval is being exercised contrary to the conditions of approval or in violation of other applicable laws or regulations.

    (4)

    The use for which approval was granted is being exercised so as to be detrimental to the public health, safety or welfare, or so as to constitute a nuisance.

    (c)

    For P-D Zones, if conditions of approval have not been complied with, the Commission may either modify it or rezone the property to the zone classification which it held immediately prior to being zoned P-D.

    (d)

    The resolution of the Board or Commission modifying or revoking an approval shall be final and effective fifteen (15) days after date of adoption unless appealed to the Council as provided for in this Article. See Article 2 for required Notice of Decision and Article 3 Appeal procedures.