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(d) The holder of the conditional use permit, variance, minor exception, or
<br />other land use entitlement is exercising the entitlement in a manner that is
<br />inconsistent with the original approval and its scope.
<br />(2) The suspension of a conditional use permit, variance, minor exception permit, or
<br />other land use entitlement shall only be lifted until such time that observed
<br />violations of this Code or conditions of approval have been abated and corrected
<br />to the satisfaction of the Executive Director of the Planning and Building Agency.
<br />(3) The person whose conditional use permit, variance, minor exception, or other
<br />land use entitlement has been suspended by the Executive Director of the
<br />Planning and Building Agency may appeal the decision in writing to the Planning
<br />Commission within ten (10) days after such decision. The Planning Commission,
<br />after public hearing may affirm, change, or modify the original decision by the
<br />Executive Director.
<br />(4) If the legal owner or person granted the permit fails to abate and correct the
<br />observed violations within ninety (90) days of suspension of the permit, the City
<br />may elect to commence revocation procedures outlined in Section 41-651 of this
<br />chapter.
<br />Section 8. Section 41-651 (Revocation procedure for conditional use permits,
<br />variances, and minor exception permits) of Chapter 41 of the SAMC is hereby amended
<br />to read as follows:
<br />Sec. 41-651. - Revocation procedure for conditional use permits, variances,
<br />minor exception permits, and other land use entitlements.
<br />The planning commission may, after twenty (20) days notice by mail to the record owner
<br />of the property and to the tenant of said property, if any, and after a public hearing,
<br />revoke a conditional use permit, a variance, a minor exception permit, and other land
<br />use entitlements on any one (1) or more of the following grounds:
<br />(1) That the conditional use permit, variance, minor exception permit, or other land
<br />use entitlement was obtained by fraud or misrepresentation.
<br />(2) That the conditional use permit, variance, minor exception permit, or other land
<br />use entitlement has been exercised by the person granted the entitlement, or his
<br />representative, successors, or assigns, contrary to the terms or conditions of
<br />approval, or in violation of any statute, ordinance, law or regulation not excused
<br />by the conditional use permit, variance, or minor exception permit.
<br />(3) That the use permitted by the conditional use permit, variance, minor exception
<br />permit, or other land use entitlement is being or has been so exercised as to be
<br />detrimental to the public health, welfare, or safety or so as to constitute a
<br />nuisance.
<br />The person whose conditional use permit, variance, minor exception permit, or other
<br />land use entitlement has been revoked by the planning commission may appeal the
<br />Ordinance No. NS-3044
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