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312-14 Suspension and Revocation Procedures
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14.1 SUSPENSION

A development permit may be suspended by the Planning Director immediately, without prior notice or hearing, subject to the following provisions:

14.1.1 Grounds for Suspension. The Planning Director may suspend a development permit if the permit was issued in error, or to stop any activity that violates any requirement or condition of the permit, Zoning Ordinance, or Humboldt County Code.

14.1.2 Cost Recovery. For confirmed violations, the County cost dedicated to inspection and resolution shall be borne by the permittee.

14.1.3 Notice of Suspension. The Planning Director shall provide written notice of the suspension to the property owner and permit holder identifying all the following:

14.1.3.1The violation of the permit and/or Zoning Ordinance;

14.1.3.2The duration of the suspension, including the effective date;

14.1.3.3The steps the property owner and permit holder must take to remedy the violation and reactivate the permit; and

14.1.3.4Appeal procedures.

14.1.4 Effect of Suspension. For the duration of suspension, the property owner and permit holder shall cease all activity allowed by the permit.

14.1.5 Right to Appeal. The action of the Planning Director to suspend a development permit may be appealed to the Board of Supervisors, pursuant to Section 312-13 (Appeal Procedures).

14.1.6 Reactivation of a Suspended Permit. The permit suspension shall end and the permit shall be reactivated by the Planning Director after making written findings based on substantial evidence that all violations of the permit and/or Zoning Ordinance have been corrected.

14.1.7 Time Limit for Suspension. The permit may not be suspended for a period exceeding six (6) months. If the violations are not resolved within that period of time, the permit shall be scheduled for a revocation hearing with the Board of Supervisors.

14.2 REVOCATION

14.2.1 Grounds for Revocation. A development permit or variance may be revoked or modified by the Board of Supervisors after a Public Hearing, upon finding that: (Former Section INL#317-42; CZ#A315-25(A); Ord. 894, Sec. 5, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86; Amended by Ord. 2214, 6/6/00)

14.2.1.1The permit or variance was obtained or extended by fraud, material omissions or misstatements of fact. (Former Section INL#317-42(a); CZ#A315-25(A)(1))

14.2.1.2The permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, Code section, law or regulation. (Former Section INL#317-42(c); CZ#A315-25(A)(2); Amended by Ord. 2214, 6/6/00)

14.2.1.3The use for which the permit or variance was granted is so conducted as to be a nuisance. (Former Section INL#317-42(d); CZ#A315-25(A)(3); Ord. 894, Sec. 6, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86)

14.2.1.4The use for which such permit or variance was granted has ceased to exist or has been suspended for one (1) year or more. (Former Section INL#317-42(b); Amended by Ord. 2214, 6/6/00)

14.2.2 Cost Recovery. The County cost associated with a permit that is scheduled for a revocation hearing by the Board of Supervisors shall be borne by the permit holder.

14.2.3 Proceedings. Proceedings to revoke a development permit or variance may be initiated by the Board of Supervisors, Planning Commission, or the Planning Division of the Planning and Building Department. (Former Section INL#317-41; CZ#A315-25(B); Ord. 894, Sec. 5, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86; Amended by Ord. 2214, 6/6/00)

14.2.4 Revocation Hearing. Any proceeding to revoke a development permit or variance shall be before the Board of Supervisors. The property owner or permit applicant shall have an opportunity to show cause why the permit or variance should not be revoked. (Former Section INL#317-41; CZ#A315-25(C); Ord. 894, Sec. 5, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86; Amended by Ord. 2214, 6/6/00)

14.2.5 Notice of Intention to Revoke. The Department shall give notice to the holder of a development permit or variance of its intention to revoke such development permit or variance. Notice need be given only to the holder of the development permit or variance, and any other person who has requested such notice. (Former Section INL#317-41; Ord. 894, Sec. 5, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86; Amended by Ord. 2214, 6/6/00)

14.2.6 Notice of Revocation Hearing. Notice of a Revocation Hearing shall be given not less than ten (10) working days prior to the date of the Hearing by either personal service of a copy of said notice on the holder of the development permit or variance, or by sending a copy of the notice by certified or registered mail, return receipt requested, to said holder at the address given on the application. The notice shall include the information required by Section 312-8.2 and shall state the reason or reasons why action is being taken for revocation of the permit or variance. (Former Section INL#317-41; Ord. 894, Sec. 5, 12/19/72; Amended by Ord. 1726, Sec. 5, 3/4/86; Amended by Ord. 2214, 6/6/00) (Ord. 2734, § 7, 3/5/2024)