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ORDINANCE NS - 1178
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />SANTAANA ESTABLISHING A PROCEDURE FOR THE
<br />REVOCATION OF CONDITIONAL USE PERMITS, VARIANCES,
<br />AND MINOR EXCEPTION PERMITS
<br />
<br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
<br />AS FOLLOWS:
<br />
<br /> SECTION 1: The Santa Ana Municipal Code is hereby
<br />amended by adding a section, to be numbered 41-651, which
<br />said section reads as follows:
<br />
<br />Sec. 41-651.
<br />
<br />Revocation procedure for conditional
<br />use permits, variances, and minor ex-
<br />ception permits.
<br />
<br /> The Planning Commission may, after twenty (20) days
<br />notice by mail to the record owner of the property and to
<br />the tenant of said property, if any, and after a public
<br />hearing, revoke a conditional use permit, a variance, or a
<br />minor exception permit, on any one or more of the following
<br />grounds:
<br />
<br /> 1. That the conditional use permit, variance, or
<br />minor exception permit, was obtained by fraud or misrepresen-
<br />tation.
<br />
<br /> 2. That the conditional use permit, variance, or minor
<br />exception permit, has been exercised by the person granted the
<br />conditional use permit, variance, or minor exception permit,
<br />or his representative, successors, or assigns, contrary to
<br />the terms or conditions of approval, or in violation of any
<br />statute, ordinance, law or regulation not excused by the
<br />conditional use permit, variance, or minor exception permit.
<br />
<br /> 3. That the use permitted by the conditional use permit,
<br />variance, or minor exception permit, is being or has been so
<br />exercised as to be detrimental to the public health, welfare,
<br />or safety or so as to constitute a nuisance.
<br />
<br /> The person whose conditional use permit, variance, or
<br />minor exception permit has been revoked by the Planning Com-
<br />mission may appeal the decision of the Planning Commission in
<br />writing to the City Council within ten days after such decision
<br />by the Planning Commission. The City Council, after public
<br />hearing, may affirm, reverse, change or modify the original
<br />decision of the Planning Commission.
<br />
<br /> SECTION 2: This section shall operate retrospectively,
<br />as well as prospectively, to the full extent that it may con-
<br />stitutionally operate retrospectively.
<br />
<br /> SECTION 3: If any section, subsection, sentence, clause,
<br />phrase or portion of this ordinance is for any reason held to
<br />be invalid or unconstitutional by the decision of any court of
<br />competent jurisdiction, such decision shall not affect the
<br />validity of the remaining portions of this ordinance. The City
<br />Council of the City of Santa Ana hereby declares that it would
<br />have adopted this ordinance and each section, subsection, sen-
<br />tence, clause, phrase or portion thereof irrespective of the
<br />fact that any one or more sections, subsections, clauses, phrases
<br />or portions be declared invalid or unconstitutional.
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