The hearing examiner may, under the provisions of this chapter and upon petition by the building official, administrative official, or the legislative body, revoke or modify any permit, certificate of zoning review, variance, or other permit or approval previously made or granted under the provisions of this title.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

Such revocation or modification shall be made only on one or more of the following grounds:

A.

The approval was obtained by fraud or material misrepresentation;

B.

The permit or approval is being, or has recently, been 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 administrative efforts by the planning department and/or building official have been ineffective.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

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 holder of the permit and the legal titleholder of the property at least ten (10) 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. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

A.

Following the hearing, the examiner shall issue a written decision to approve or deny the request for permit revocation. The decision shall include the following considerations:

1.

The testimony at the public hearing;

2.

The recommendation from interested agencies and departments; and

3.

The grounds for permit revocation established in Section 17.26.020.

B.

The hearing examiner may, on their 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 of the continued use, construction, alteration, or occupancy of the premises covered by the permit or approval.

C.

Copies of the examiner's decision shall be mailed to the permit holder, legal titleholder, and the official or body petitioning for permit revocation not later than three days following the final decision.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

Copies of the examiner's decision shall be mailed to the permit holder, legal titleholder, and the official or body petitioning for permit revocation not later than three days following the filing of the decision.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

The provisions of this chapter are 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. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

Any decision of the hearing examiner hereunder shall be final unless appealed in accordance with Chapter 17.16.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

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 subsection 17.25.020(B).

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)