Chapter 18.150
PERMIT AND APPROVAL REVOCATION, MODIFICATION AND EXPIRATION Revised 12/18

Sections:

18.150.010    Purpose.

18.150.020    Hearing Examiner's Authority.

18.150.030    Director's Authority.

18.150.040    Initiation of an Action. Revised 12/18

18.150.050    Grounds for Revocation or Modification.

18.150.060    Expiration of Permit or Approval. Revised 12/18

18.150.010 Purpose.

The purpose of this Section is to provide the authority and procedures for the revocation, modification, and expiration of permits and approvals granted pursuant to the Pierce County regulations. (Ord. 2010-70s § 10 (part), 2010)

18.150.020 Hearing Examiner's Authority.

The Hearing Examiner has the authority to revoke or modify any permit or approval which was issued pursuant to the Examiner's review. Prior to such revocation or modification, a public hearing shall be held by the Examiner and procedures concerning notice, reporting, and appeals shall be the same as required for the initial consideration thereof, provided that when any permit or approval is not exercised within the time specified in such permit or approval or, if no date is specified, within two years from the approval date of said permit or approval, the permit or approval shall automatically become null and void and no public hearing shall be required on the matter. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2010-70s § 10 (part), 2010)

18.150.030 Director's Authority.

The Director or designee has the authority to revoke or modify any permit or approval which was issued pursuant to the Director or designee's review. Prior to such revocation or modification, the Director or designee shall follow procedures concerning notice and appeals as required for the initial consideration thereof, provided that when any permit or approval is not exercised within the time specified in such permit or approval or if no date is specified, within two years from the approval date of said permit or approval, the permit or approval shall automatically become null and void and no public hearing shall be required on the matter. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2010-70s § 10 (part), 2010)

18.150.040 Initiation of an Action. Revised 12/18

An action to revoke or modify any matter set forth in PCC 18.150.020 and 18.150.030 may be initiated by:

A.    The Examiner;

B.    The Director; or

C.    The petition of any aggrieved party directly affected by the project or use, together with a filing fee listed in Chapter 2.05 PCC and filed with the Department.

(Ord. 2017-89s § 1 (part), 2018; Ord. 2010-70s § 10 (part), 2010)

18.150.050 Grounds for Revocation or Modification.

Such revocation or modification shall be made on any one or more of the following grounds:

A.    That the approval or permit was obtained by fraud;

B.    That the use for which such approval or permit was granted is not being exercised;

C.    That the use for which such approval or permit was granted has ceased to exist or has been suspended for two years or more;

D.    That the approval or permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or permit, or in violation of any statute, resolution, code, law, or regulation.

E.    That the use for which the approval or permit was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

(Ord. 2010-70s § 10 (part), 2010)

18.150.060 Expiration of Permit or Approval. Revised 12/18

When any permit or approval is not exercised by the expiration date indicated on the approval or permit or, if no expiration date is specified, two years from the approval date, the permit or approval shall expire. No extension of the expiration date for a permit or approval shall be granted unless such extension is approved pursuant to specific provisions for the relevant permit or approval.

A.    Authority to Establish Expiration Dates. The Director or Examiner has the authority, as part of a permit or approval, to establish expiration dates or time periods within which the permit or approval must be exercised. Upon expiration, the permit or approval shall be considered null and void unless extended pursuant to PCC 18.150.060 B., below.

B.    Authority to Establish Extensions. The expiration time period specified pursuant to PCC 18.150.060 A. above may be extended by the Director or the Examiner as appropriate, based on the original review process, provided such request has been made prior to the expiration date, if the applicant can demonstrate to the Director or Examiner that there have been unusual circumstances beyond their control to cause delay in the project. The time period may be extended one time for up to one additional year.

C.    Request for Extensions of Time. Prior to the expiration date established as part of a permit or approval as noted in PCC 18.150.060 A. above, the property owner or applicant must submit a request for an extension of time along with applicable fees. The request must identify the project(s), application numbers, and the reason(s) for the extension.

D.    Extension of Time for Submittal of Final Plat. See PCC 18F.40.070, Preliminary Plats-Time Extensions.

(Ord. 2017-89s § 1 (part), 2018; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2010-70s § 10 (part), 2010)