Chapter 4.20
SUSPENSION AND REVOCATION OF PERMITS

Sections:

4.20.010    Suspension – Cause.

4.20.020    Revocation – Cause.

4.20.010 Suspension – Cause.

A. A director may temporarily suspend any permit or approval issued pursuant to a land use or public health ordinance, or any rule or regulation adopted thereunder, for:

1. Failure of the holder to comply with the requirements of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of the permit or approval issued pursuant to such ordinance, rule or regulation; or

2. Failure of the holder to comply with any notice or order issued pursuant to this title.

B. Such permit suspension shall be carried out through the notice and order provisions of Chapter 4.15 NMC, and the suspension shall be effective upon service of the notice and order upon the permit holder or operator. The holder or operator may appeal such suspension as provided in Chapter 4.15 NMC.

C. Notwithstanding any other provision of this title, whenever a director finds that a violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of a permit or approval issued pursuant to such ordinance, rule or regulation has created or is creating an unsanitary, dangerous or other condition which, in the director’s judgment, constitutes an immediate and irreparable hazard, the director may, without service of a written notice and order, immediately suspend and terminate operations under the permit or approval. (Ord. 2002-256 § 9; Ord. 37 § 1 Exh. A (.16.010), 1994).

4.20.020 Revocation – Cause.

A. A director may permanently revoke any permit or approval issued pursuant to a land use or public health ordinance, any rule or regulation adopted thereunder, for:

1. Failure of the permit or approval holder to comply with the requirements of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of a permit or approval issued pursuant to such ordinance, rule or regulation; or

2. Failure of the permit or approval holder to comply with any notice and order issued pursuant to this title; or

3. Interference with a director in the performance of the director’s duties; or

4. A director’s discovery that a permit was issued in error or on the basis of incorrect information.

B. Such permit or approval revocation shall be carried out through the notice and order provisions of this title and the revocation shall be effective upon service of the notice and order upon the permit or approval holder or operator. The permit or approval holder or operator may appeal such revocation as provided in Chapter 4.15 NMC.

C. A permit or approval may be suspended pending its revocation or a hearing relating thereto. (Ord. 2002-256 § 10; Ord. 37 § 1 Exh. A (.16.020), 1994).