Chapter 18.40
REVOCATION, EXPIRATION OF PERMITS
Sections
18.40.050 Permits or variances may be revoked.
18.40.060 Initiation of revocation proceedings.
18.40.010 Title.
This chapter shall be entitled “Revocation, Expiration of Permits.” [Ord. 1591 § 112, 2014.]
18.40.020 Application.
This chapter shall apply to any permit associated with a “Type III, IV or V” action that meets the criteria set forth below. [Ord. 1591 § 113, 2014.]
18.40.030 Purpose.
The purpose of this chapter is to set forth a process by which a permit expires or may be revoked. [Ord. 1591 § 114, 2014.]
18.40.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 115, 2014.]
18.40.050 Permits or variances may be revoked.
(1) The City Council, after a recommendation from the Planning, Building and Public Works Department, may revoke or modify any permit associated with a Type IV or Type V land use action.
(2) The Hearing Examiner, after a recommendation from the Planning, Building and Public Works Department, may revoke or modify any permit associated with a Type III land use action.
(3) The Hearing Examiner has jurisdiction to revoke or modify any conditional use permit that was issued prior to the enactment of the ordinance codified in this chapter.
(4) Such revocation or modifications pursuant to subsections (1) through (3) of this section shall be made on any one or more of the following grounds:
(a) That the approval was obtained by fraud;
(b) That the use for which such approval was granted has been abandoned;
(c) That the use for which such approval was granted has at any time ceased for one year or more;
(d) That the permit or variance granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, code, law, or regulations; or
(e) That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.
(5) Any action on a revocation or modification under this section is a Type III or Type IV land use action. [Ord. 1591 § 116, 2014.]
18.40.060 Initiation of revocation proceedings.
The Planning, Building and Public Works Department, following approval of the City Manager or the City Manager’s designee, may initiate proceedings to revoke a conditional use permit or variance, or any use permit which was issued prior to the enactment of this chapter. Individuals who are aggrieved may petition the Planning, Building and Public Works Department to initiate revocation proceedings. [Ord. 1591 § 117, 2014.]
18.40.070 Expiration.
Any permit or variance granted pursuant to this Title becomes null and void if not exercised within the time specified in such permit or variance or, if no date is specified, within one year from the effective date of approval of the permit or variance. [Ord. 1591 § 118, 2014.]