Chapter 15.24
REVOCATION OF PERMITS OR APPROVALS
Sections:
15.24.020 Grounds for permit revocation.
15.24.030 Public hearing by the hearing examiner.
15.24.040 Decision by the hearing examiner.
15.24.050 Notice of examiner’s decision.
15.24.060 Permit revocation not an exclusive action.
15.24.010 Authority.
The hearing examiner may, under the provisions of this chapter and upon petition by the administrative official or the legislative body, revoke or modify any permit, zoning decision, variance, home occupation permit, temporary hardship permit, or other permit or approval previously made or granted under this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.020 Grounds for permit revocation.
Such revocation or modification shall be made only on one or more of the following grounds:
A. That the approval was obtained by fraud or material misrepresentation; or
B. That the permit or approval is being or has been recently exercised or used contrary to the terms or conditions of such permit or approval or in violation of any other statute, ordinance, or law and the department’s or administrative official’s efforts have been ineffective. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.030 Public hearing by the hearing examiner.
The hearing examiner shall hold a public hearing prior to the revocation or modification of any permit. Prior notice of such hearing and its purpose shall be given to the permit holder and the legal title holder of the property at least ten days prior to the hearing. If the subject property is not occupied, notice of the hearing shall be posted on the property in a conspicuous place and mailed to the last known address of the permit’s applicant. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.040 Decision by the hearing examiner.
Within ten days of the conclusion of the hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall issue a written decision to approve or deny the request for permit revocation. His or her written decision shall include the following considerations:
1. The testimony at the public hearing;
2. The recommendations from interested agencies and departments; and
3. The grounds for permit revocation established in YMC 15.24.020.
The hearing examiner may, on his own motion or upon request of the permit holder, defer the effective date of any revocation and grant the permit holder an opportunity to affirmatively demonstrate to the examiner compliance with this title or correction of any violation. The examiner may grant or impose interim terms and conditions on the approved use, construction, alteration, or occupancy of the premises covered by the permit or approval. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.050 Notice of examiner’s decision.
Copies of the examiner’s decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation no later than three days following the decision’s filing. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.060 Permit revocation not an exclusive action.
This chapter is completely supplemental to other provisions of this title. Provisions herein are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized under this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.070 Appeals.
Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with YMC Chapter 15.16. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.24.080 Violation.
Continued use or occupancy of land or structures after the effective date of any revocation, and with knowledge that a permit or approval has been revoked under this chapter, constitutes a special violation of this title and is punishable under YMC 15.25.020(B). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).