Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />6. Once it is determined by the City that there has been a discontinuance of <br />active operation for 180 consecutive days or a cessation of ABC licensing, it may be <br />resumed only upon the granting of a conditional use permit as provided in Section <br />18.48.140 of this title. In the event that any active operation is discontinued on a <br />property for a period of 180 consecutive days, such discontinuance shall be presumed <br />to be abandonment of the use by the property owner. At any time after any active <br />operation is discontinued for a period of 180 consecutive days or more, the <br />Development Services Director shall notify the property owner in writing of the <br />determination of presumed abandonment of the active operation. The property owner <br />and/or business owner may appeal the determination to the planning commission, <br />which may overturn the determination only upon making a finding that the evidence <br />supports the property/business owner's position that the nonconforming use was not <br />discontinued for a period of 180 consecutive days or more. The property/ business <br />owner shall be notified by the city of the termination of the deemed approved status <br />and shall be informed of the owner's right to appeal the City's decision to the planning <br />commission. <br />18.47.100 Investigative procedures. <br />Upon the City's receipt of a complaint from the public, police department, city <br />official or any other interested person that a deemed approved use is in violation of <br />the performance standards set forth in this chapter, the following procedure shall be <br />followed: <br />A. An enforcement officer shall assess the nature of the complaint and its <br />validity by conducting an on-site observation and inspection of the premises to assess <br />the activity's compliance with performance standards. <br />B. If the enforcement officer determines that the deemed approved activity is in <br />violation of the performance standards, the enforcement officer shall give written <br />notice of the violation to the owner and/or operator of the establishment and seek to <br />remedy the violation under the city's administrative citation procedures contained in <br />Chapter 8.12 of this code. The first notice of viola on shall be given in accordance with <br />Section 8.12.030(A)(2) of this code. If, however, the enforcement officer, in his or her <br />sole discretion, determines that the violation is not capable of correction, presents a <br />serious threat to public health or safety, or otherwise warrants expedited action, he or <br />she may in lieu of following the administrative citation procedure, refer the matter <br />directly to the planning commission for a hearing at which the deemed approved <br />activity's deemed approved status may be suspended, modified or revoked. <br />C. Any administrative citation issued under this section shall be issued, <br />processed, and enforced in compliance with all of the provisions of Chapter 8.12 of <br />this code, unless otherwise expressly provided by this chapter. If, the owner or <br />operator receiving an administrative citation contests the citation and a hearing is held <br />pursuant to Chapter 8.12, the hearing officer may, in addition to exercising all powers <br />23152.06000\30617514.1 _10- <br />