Wapato City Zoning Code
CHAPTER 17
24 REVOCATION OF PERMITS OR APPROVALS
§ 17.24.010 Authority.
The planning commission 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, home occupation permit, temporary hardship permit or other permit or approval previously made or granted under the provisions of this title.
(Ord. 956(part), 1993)
§ 17.24.020 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;
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 administrative efforts by the fire department and/or building official have been ineffective.
(Ord. 956(part), 1993)
§ 17.24.030 Public hearing by the planning commission.
The planning commission 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 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. 956(part), 1993)
§ 17.24.040 Decision by the planning commission.
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 planning commission shall issue a written decision to approve or deny the request for permit revocation. Their written decision shall include the following considerations:
A.
The testimony at the public hearing;
B.
The recommendation from interested agencies and departments; and
The planning commission 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 planning commission compliance with this title or correction of any violation. The planning commission may grant or impose interim terms and conditions on the continued use, construction, alteration, or occupancy of the premises covered by the permit or approval.
(Ord. 956(part), 1993)
§ 17.24.050 Notice of planning commission's decision.
Copies of the planning commission's decision shall be mailed to the permit holder, legal title holder, and the official or body petitioning for permit revocation not later than three business days following the filing of the decision.
(Ord. 1183 § 2(part), 2008; Ord. 956(part), 1993)
§ 17.24.060 Permit revocation not an exclusive action.
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. 956(part), 1993)
§ 17.24.070 Appeals.
Any decision of the planning commission hereunder shall be final unless appealed in accordance with Chapter 17.16.
(Ord. 956(part), 1993)
§ 17.24.080 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 Section 17.25.020(B).
(Ord. 956(part), 1993)