A. Duties of City Planner. The revocation process shall be initiated by the City Planner upon a determination that there are reasonable grounds for revocation of the subject permit or development approval.
B. Authority to Revoke. The decisionmaking body that approved the permit or development approval shall be authorized to revoke the permit or development approval.
C. Notice of Revocation Hearing. Notice of a revocation hearing shall be given in the same manner as required for the public hearing at which approval was granted. If no notice was required for approval, none shall be required for the revocation hearing, provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least 10 days prior to the hearing.
D. Decision, and Notice of Decision.
1. Hearing. At the hearing, the decisionmaking body shall hear testimony of the City Planner, the owner of the use or structure for which the permit or approval was granted, if present, and any other interested persons.
2. Required findings. The decisionmaking body shall revoke the permit or approval upon making one or more of the following findings:
a) Erroneous or misleading. The permit was issued on the basis of erroneous or misleading information or misrepresentation;
b) Violation of terms or conditions. The terms or conditions of the approved site plan, permit or development approval have been violated or that other laws or regulations have been violated; or
c) Discontinuance. There has been a discontinuance of the exercise of the entitlement granted by the permit or development approval for 180 consecutive days.
3. Matter subject to public hearing. Within 10 working days of the conclusion of the public hearing, the decisionmaking body shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.
4. Matter not subject to public hearing. Within three working days of a decision on a revocation matter that is not the subject of a public hearing, the decisionmaking body shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.
E. When Effective. A decision to revoke a permit or development approval shall become final immediately after the date of the decision. The date on which the revocation of a permit or development approval shall become effective shall be specified in the written decision and order of the revocation hearing.
