9-1-17-9: REVOCATION OF PERMITS:
A. The following provisions shall apply to the revocation of a development permit notwithstanding any other provision of this chapter or any development policy to the contrary. In the event of a conflict between the provisions of this section and any other provision of this chapter, this section shall control.
1. A development permit may be revoked if the town determines that:
a. The development permit was granted based on false, misleading, or incomplete information submitted by the permittee;
b. A material provision of the development permit is no longer enforceable;
c. The permittee violates a condition of the development permit;
d. The permittee fails to comply with any provision of this policy or chapter relating to the development permit;
e. For a WCF permit, if the permittee modifies the WCF or its support structure without permission;
f. The permittee fails to pay any sums owed to the town under this policy or the development permit; or
g. The permittee commits any other act designated as a default event in this code or any development policy.
Any such event is a "default event".
2. The director may request the planning commission to revoke a development permit only after:
a. Written notice of the alleged default event has been provided to the permittee; and
b. The permittee has been afforded a reasonable opportunity to cure and comply with its development permit, or to demonstrate that no default event occurred.
3. If the permittee fails to cure the alleged default event, the planning commission shall conduct a public hearing where the permittee shall be afforded an opportunity to speak and be heard and to provide written materials to the planning commission as part of the hearing. A hearing conducted by the planning commission pursuant to this section shall be noticed and held in the same manner as a final hearing on a Class A development permit application. After a public hearing, if the evidence supports such decision by a preponderance of the evidence, the planning commission may find that a default event has occurred. If such finding is made, the planning commission may: a) revoke the development permit; b) modify a previous condition of approval of the development permit to specifically address the default event; or c) add a new condition of approval to the development permit to specifically address the default event.
4. If the development permit involves a WCF, upon revocation, the planning commission may require the removal of the WCF, or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the town.
5. A decision of the planning commission under this section is subject to call-up by the town council as provided in subsection 9-1-18-1E6 of this chapter. (Ord. 18, Series 2016)