§ 103-97. Procedure for revocation., Article XXI. Special Use Permits, Chapter 103. Zoning, Code of Ordinances, Oneonta, Town

Investigation.

(1)

In the event that a complaint is received by the Town Code Enforcement Officer that the conditions imposed by the Planning Board in relation to the issuance of a special use permit have not been complied with, or are no longer being complied with, the Code Enforcement Officer shall investigate the allegations of the complaint and issue a report of his findings to the Town Planning Board.

(2)

At a meeting duly convened by the Town Planning Board, the Planning Board shall determine whether or not sufficient basis exists to pursue revocation of the special use permit in question because of a failure of the special use permit holder to comply with conditions imposed at the time of the issuance of the special use permit.

(3)

In the event that the Town Planning Board determines that revocation proceedings are justified, the Town Planning Board shall forward a notification, by certified mail, to the permit holder of an intention to revoke the special use permit. The notice shall state the basis for the revocation proceeding as determined by the Code Enforcement Officer. The notification shall provide for a public hearing for the special use permit holder, to be held no less than 10 days nor more than 20 days from the date of certified mailing of the notice to the special use permit holder.

(4)

Thereafter the Town Planning Board shall cause a notice to be advertised in the newspaper of general circulation for the Town of the date, time and place of the public hearing. The notice shall be published at least five days prior to the public hearing.

(5)

On the date, time and place as scheduled in the public notice of the public hearing, the special use permit holder shall be entitled to present to the Town Planning Board any and all reasonable evidence with regard to the issue of compliance with the conditions imposed by the Town Planning Board. The Planning Board shall also be entitled to hear any and all other evidence as may be submitted by the public at large with regard to the issue.

(6)

After the public hearing, the Planning Board shall determine whether to continue or revoke the special use permit and shall notify the special use permit holder, in writing, of the basis for its decision within 10 days, by certified mail.

(7)

In the event of revocation of the special use permit, the special use permit holder shall, within five days of revocation, cease and desist from the use for which the special use permit was granted.