Facts and evidence in support of an application are assumed to be correct. Further, compliance with conditions imposed by the zoning administrator, hearings officer, planning commission or city council in granting a permit for any land use action shall be required. Submitting false or misleading information or departing from required conditions of approval and approved plans constitutes a violation of this ordinance. (5/98)

A.

Initiation. The zoning administrator may initiate a revocation of any land use permit or approval issued for failure to comply with any prescribed condition of approval. The hearing shall be conducted as a Type II hearing and in accordance with the procedures for a Type II hearing, including right of appeal to the city council. (5/98)

B.

Plan amendments or zone changes. Final decisions regarding comprehensive plan text or map amendments, development code text amendments or zone changes shall not be subject to revocation, but shall be subject to reversal upon initiation by the planning commission or city council. (5/98)

The decision to grant a revocation of a decision may be based on any of the following factors: (5/98)

A.

Submittal of false or misleading evidence in the original land use request. (5/98)

B.

Failure to comply with the conditions of approval. (5/98)

A reversal of a plan amendment or zone change is a land use procedure subject to the same criteria as any commission or council initiated plan amendment or zone change taking into account that there may have been the submittal of false or misleading evidence in the original land use request or there has been a failure to comply with conditions of approval. (5/98)

Upon a decision to revoke an approved land use decision, and in addition to the violation provisions in section 1.102.06, the city has the authority to pursue appropriate remedies, including, but not limited to, removing structures, terminating approved uses, or requiring additional conditions on the request to correct the deficiency. (5/98)