23.404.080 Permit Revocation.
A. Purpose and Applicability.
1. This section establishes procedures for the City to revoke or modify a discretionary permit for completed projects due to:
(a) Violations of permit requirements;
(b) Changes to the approved project; and/or
(c) Vacancy for one year or more.
2. Notwithstanding anything to the contrary, no lawful residential use can lapse, regardless of the length of time of the vacancy.
3. Expiration of permits not yet exercised are addressed in Section 23.404.060.C (Time Limits).
B. Initiation.
1. Proceedings to revoke or modify a permit may be initiated by Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.
2. Such referral shall identify the permit being considered, the property to which the permit applies, and the reason for the potential revocation or modification.
3. The Zoning Officer shall determine the public hearing date for all referrals.
C. ZAB Recommendation.
1. Public Hearing.
(a) The ZAB shall hold a public hearing on a permit revocation or modification in compliance with Section 23.404.050 (Public Hearings and Decisions). Notice shall be given in conformance with Section 23.404.040.B (Public Hearing Notice).
(b) The Department shall notify the current permit holder of the date, time, and location of the hearing.
2. ZAB Recommendation.
(a) The ZAB may recommend that the City Council revoke or modify the permit based upon the findings shown in Subsection E (Findings) below.
(b) The ZAB recommendation shall be:
i. Based on the evidence, testimony, and facts presented to the ZAB at the hearing;
ii. Supported by written findings; and
iii. Issued within 35 days after the conclusion of the hearing.
3. Final Decision. A ZAB recommendation to deny or modify a permit shall be deemed a final decision if the permit holder consents to the recommendation within 10 days after the recommendation is made. In such a case, there shall be no City Council review and action on the matter.
4. Report to City Clerk. The Department shall file the ZAB’s recommendation with the City Clerk within 14 days following the recommendation.
D. City Council Action.
1. Report to Council. The City Clerk shall present a ZAB recommendation to the City Council at soonest possible regular City Council meeting.
2. Public Hearing.
(a) If the ZAB recommends that the City Council revoke or modify the permit, the City Council shall hold a public hearing on the matter within 60 days after the ZAB issued its recommendation.
(b) If the ZAB does not recommend that the City Council revoke or modify the permit, the City Council may hold a public hearing on the matter at its discretion.
3. Council Decision. The City Council may modify or revoke the permit based upon the findings shown in Subsection E (Findings) below.
E. Findings. The City Council may revoke or modify a permit if any of the following findings can be made:
1. The permit holder has failed to comply with one or more of the conditions of approval.
2. The use or structure has been substantially expanded or changed in character beyond the approved project.
3. The property has been vacant for one year and the permit holder has not made a good faith effort to re-occupy the property with the use allowed by the approved permit.
G. Notice of Decision.
1. If the City Council revokes or modifies a permit, the City Clerk shall issue a Notice of Decision describing the City Council’s action, with its findings.
2. The City Clerk shall mail the notice to the permit holder, the property owner, the person who requested proceedings under this chapter (if any), and any person who requests such a notification.
3. The City Clerk shall file a copy of the Notice of Decision with the Department.
H. Remedies.
1. If the City revokes or modifies a permit, the City may impose any of the following remedies:
(a) Enjoin the use in whole or in part.
(b) Impose reasonable conditions upon any continued operation of the use, including existing non-conforming uses.
(c) Require continued compliance with newly imposed any conditions.
(d) Require the permit holder to guarantee compliance with newly imposed conditions.
2. If the permit holder fails to comply with newly imposed conditions, the City may impose additional conditions or enjoin the use in whole or in part.
I. Recovery of Costs.
1. Permit Revocation and Modification.
(a) The City may recover the costs to administer permit revocation and modification proceedings in accordance with Sections 1.24.140 through 1.24.210 of Municipal Code Chapter 1.24 (Abatement of Nuisances), except as provided in Paragraph (b) below.
(b) The hearing provided by Section 1.24.080 (Service of Notice of Hearing) shall be held by the City Manager or his/her designee and may be appealed to the City Council within ten days after a decision is mailed. The Council shall hold a hearing on appeals as shown in Section 1.24.180.
2. Remedies.
(a) The City Council may, by resolution, establish reasonable hourly rates which may be charged for the time spent by City employees in the performance of their employment under this section. These hourly rates may be charged on an on-going basis for time spent with respect to any building, structure or use if the City Council takes any action authorized by Subsection H (Remedies) above. In this case, payment of costs charged under this paragraph shall be made a condition of continued operation of the building, structure, or use.
(b) Payments submitted under this Paragraph 2 (Remedies) shall be deducted from any payments submitted under previous Paragraph 1 (Permit Revocation and Modification). (Ord. 7787-NS § 2 (Exh. A), 2021)