8-8-3: REMEDIES:

   A.   Violation Of Conditions Of Approval:

      1.   This subsection applies to noncompliance with any conditions of approval.

      2.   The Director shall provide due notice to the applicant/owner of the violation of any conditions of approval.

      3.   If the violations continue, the Director may order a public hearing before the deciding body, in conformance with Chapters 8-6 and 8-9.

      4.   At the public hearing, the deciding body may, in whole or in part:

         a.   Affirm the approval;

         b.   Reverse the approval;

         c.   Modify the approval; or

         d.   Make or substitute any additional conditions that it determines are warranted.

      5.   To act except to affirm the approval, the deciding body must find there is a violation of the conditions of approval of an application within the authority of the deciding body and one or more of the following:

         a.   The violation has caused or will cause detriment to the public health, safety, or welfare.

         b.   The violation has created or will create undue adverse impact on surrounding properties.

         c.   The violation has caused or will cause the approved use to be served by inadequate public or private facilities.

         d.   The violation has impeded or will impede the normal development of surrounding property.

(Ord. 1002, 10-28-2025)