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NS-2779
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Last modified
1/3/2012 1:00:10 PM
Creation date
3/23/2009 5:05:35 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2779
Date
3/16/2009
Destruction Year
PERM
Notes
Amend Ch. 22 and 41
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<br />(6) The permitted business creates sound levels which violate the <br />noise control ordinance of the city. <br /> <br />(7) That the use for which the approval was granted has been <br />discontinued, ceased to exist or has been suspended for a <br />continuous period of twelve (12) months or more. <br /> <br />(b) Notice of hearing. The grantor of the permit shall notice and conduct a <br />public hearing, as prescribed in this Code, on the proposed permit <br />revocation. <br /> <br />(c) Hearing. The zoning administrator or designee shall conduct the <br />revocation hearing and hear testimony regarding the proposed revocation <br />from any interested party. The hearing body shall not be bound by the <br />formal rules of evidence at the hearing. <br /> <br />(d) Notice. Written notice of hearing on the proposed permit or certificate <br />revocation, together with written notification of the specific grounds of <br />complaint against the permittee, shall be personally delivered or sent by <br />certified mail to the permittee at least ten (10) days prior to the hearing. <br /> <br />(e) Decision. The grantor shall revoke, not revoke, or not revoke but add <br />conditions to, the permittee's massage establishment conditional use <br />permit or ancillary massage use land use certificate. <br /> <br />(f) Decision and notice. Within ten (10) working days of the conclusion of the <br />hearing, the decision-maker shall render a decision supported by written <br />findings. A copy of the decision and written findings shall be mailed to the <br />owner of the use or structure for which the permit or certificate was <br />revoked and to any other person who has filed a written request for such <br />notice. <br /> <br />(g) Time for decision. The decision-maker shall make all efforts to provide a <br />decision as soon as reasonably possible after the public hearing. <br /> <br />(h) Appeal of decision or call for review. If the decision on revocation is made <br />by the planning manager or designee, any interested person may appeal <br />the decision to the planning commission, or the decision may be reviewed <br />by the city council pursuant to a call for review by the council, pursuant to <br />subsection 41-645(c). <br /> <br />(i) Effective date. The effective date of a decision to revoke a massage <br />establishment conditional use permit or an ancillary massage use land use <br />certificate shall be as provided in section 41-645. <br /> <br />G) Renewal. In the event a permit is revoked pursuant to this article, another <br />massage establishment conditional use permit or ancillary massage use <br /> <br />Ordinance No. NS-2779 <br />Page 28 of 32 <br />
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