§ 18.124.120. Revocation—Conditions—Procedure.

A.

The commission, if it deems it appropriate or upon the request of the board, shall hold a public hearing for the purpose of considering the revocation, suspension, or modification of any previously approved use permit. Notice of a revocation, suspension or modification hearing shall be given in accordance with Section 18.136.040 except that the permittee shall be served in the manner provided by Sections 415.10 through 415.30, inclusive, of the Code of Civil Procedure if the permittee is in the state or, if the permittee is outside this state, in the manner provided in Section 415.40 of the Code of Civil Procedure. The notice shall identify the time, date and place of the hearing, the reasons for the hearing, and generally describe the factual basis upon which it has been determined that the use permit was obtained by fraud or misrepresentation or one or more conditions of the use permit alleged to have been violated.

B.

The public hearing shall be conducted in the manner set forth in Section 18.124.040.

C.

After closing the public hearing, the commission may revoke or suspend a use permit or modify the conditions thereof, if it makes one or more of the following findings:

1.

Approval of the use permit was obtained by fraud or misrepresentations; or

2.

A person making use of the use permit is violating or has violated any conditions thereof;

3.

The use for which the use permit was granted is being, or has been, exercised contrary to the terms or conditions of such approval;

4.

The use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare;

5.

The use for which the approval was granted is being exercised in such a manner as to constitute a nuisance; or

6.

The use for which approval was granted has ceased for a period of five years or more.

D.

Copies of the decision adopted by the commission shall be mailed to the permittee by certified mail within three working days of the date the decision is announced.

E.

The decision of the commission action shall be final and conclusive unless an appeal is filed in the manner set forth in Chapter 2.88. Filing such an appeal shall be the sole means of reviewing the decision of the commission.

F.

Following the revocation or denial of a use permit, no application for a use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 1281 § 1, 2006: Ord. 1227 § 6, 2003: Ord. 1201 § 10, 2002; Ord. 826 § 5, 1986: prior code § 12808)