5.01.060 Revocation or suspension – Procedure.
A. The manager may at any time revoke or suspend a permit issued under this title for the following reasons:
1. Willful noncompliance with any term, condition or provision of the permit;
2. Violation of any provision of this title or other applicable local, state or federal law, ordinance, or regulation;
3. Upon a determination that the suspension of the permit is necessary to remedy an unforeseen consequence which threatens the safety or welfare of the public; or
4. Upon a determination that the permittee secured the permit through deceit, fraud, or intentional misrepresentation.
B. The manager shall give the permittee written notice of the proposed revocation or suspension of the permit(s). If the manager determines that the reason for the revocation or suspension may endanger the public health or safety, or is based on repeated noncompliance, the revocation or suspension may take effect immediately. If the manager determines that the reason for the revocation or suspension does not endanger the public health or safety, or is not based on repeated noncompliance, the effective date of the revocation or suspension may be delayed until the date set for an appeal hearing before the assembly.
C. The permittee may appeal the decision of the manager to the assembly and request a public hearing by filing a written notice of appeal with the clerk not later than three days after receipt of the written notice of proposed revocation or suspension. Upon receipt of the notice of appeal, the clerk shall place the hearing of the appeal on the assembly’s next regularly published agenda. The clerk shall notify the appellant of the time and place of the hearing at least three days prior to the hearing. After the appeal hearing, the assembly may modify, revoke, rescind, or affirm the decision from which the appeal is taken, or may enter its own order.
If the permittee does not appeal the manager’s decision, the revocation or suspension shall become final at the end of the appeal period.
A decision of the assembly may be appealed to the proper court.
D. Revocation of a permit shall result in cessation by the permittee of all permitted activities during the year for which that permit is issued. Unless otherwise provided, revocation of a permit on the grounds stated in subsection (A)(1), (2), (3) or (4) of this section shall result in the loss of the privilege to have that permit renewed for the period of one year after the date the revocation is effective. After revocation, any application shall be treated as a new application.
E. Suspension of a permit shall result in cessation by the permittee of all identified activities until the manager notifies the permittee that the reasons for the suspension have been satisfactorily corrected or until the suspension is reversed by the assembly. A suspension may be conditioned on correction of a status or condition of a person or a vehicle. (Ord. 22-02-608 § 5; Ord. 20-03-562 § 8; Ord. 18-09-512 § 5. Formerly 5.04.120)