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f <br />s <br />is Sec. 30-659. Revocation. <br />z <br />(a) In addition to the remedies otherwise pro- <br />vided for in this ordinance, failure to comply with <br />the conditions set forth in the approval of a <br />conditional use permit may result in revocation of <br />the permit by the city. <br />(b} The revocation process shall be as follows: <br />(1) If the city administrator or the city coun- <br />cil determines that cause e~sts to find <br />noncompliance with the terms of a condi- <br />tianal use permit, the city council may <br />direct that a hearing be scheduled before <br />the city council to receive testimony and <br />evidence, to establish findings, and to <br />determine whether the conditional use <br />permit shall be revoked. <br />(2) The owner of the property on which the <br />conditional use is located, and, if known <br />to the city, the owner or operator of the <br />conditional use, shall be notified of the <br />hearing by personal delivery or certified <br />mail, no Iess than ten days before the <br />hearing. The aotice of hearing shall in- <br />clude asummary of the alleged noncom- <br />pliance of the conditional use permit. <br />{3) At the hearing, the city council shall re- <br />ceive testimony and evidence from the <br />public and the city staff regarding the <br />.0:85 <br />§ 30-659 <br />ELK RNE <br />compliance or noncompliance of the use <br />with the conditional use permit. The prop- <br />erty owner and the owner or operator of <br />the conditional use shall have an oppor- <br />tunity to testify and present evidence. <br />(4) At the conclusion of the public hearing the <br />city council may continue the revocation <br />to a future date or make its findings and <br />determination. <br />(5) If the city council determines that the <br />conditions of the conditional use permit <br />have not been met, it may order revoca- <br />tion of the conditional use permit effective <br />on such date as it shall determine. <br />(6) Revocation of a conditional use permit <br />shall not be ordered unless the city coun- <br />cil has made findings in writing or on the <br />record of the council proceedings that <br />there have been one or more violations of <br />one or more conditions of the conditional <br />use permit. <br />(7} Revocation of a conditional use permit <br />shall be a final action of the city council, <br />appealable only to district court, as pro- <br />vided by law. <br />(Ord. No. 00-05, § 1(900.42(8)), 3-20-2000) <br />