§ 36-371. Violation; penalty; remedies.

(a)

Misdemeanor. Any owner or lessee of an entire building or property in or upon which a violation has been committed or shall exist, or any owner or lessee of that part of the building or property in or upon which a violation has been committed or shall exist, shall be guilty of a misdemeanor and subject to the penalties and remedies provided in section 1-18.

(b)

Violation of conditions in conditional use permits. If any person violates any condition or restriction imposed by the council in connection with the grant or issuance of a conditional use permit, the city, in addition to other remedies available to it as provided in this section, may revoke the permit and all rights attributable to such permit. Revocation shall be done in the following manner:

(1)

The manager or planner shall notify the owner and occupant of the property to which such permit exists, insofar as the names and addresses of such owner and occupant can reasonably be determined by the clerk from records maintained by the assessor, of the violation and request removal within a stated period, but not less than five days.

(2)

If the violation is not removed within the stated period, the manager or planner shall submit a report on the matter to the council and request a hearing.

(3)

The council, upon receipt of the report, shall set a hearing date and notice shall be given to the owner and occupant at least ten days prior to the hearing.

(4)

After receiving the oral and written views of all interested persons, the council shall make its decision at the same meeting or at a specified future date.

(5)

If the hearing is continued to a specified future date, no new notice need be given.

If such permit is revoked by the council, all use, activity and rights allowed by and attributable to such permit shall immediately cease.

(Code 1970; Code 1992, § 850.04(9))