Skip to main content
Loading…
This section is included in your selections.

A. Whenever the mayor determines that good cause exists for suspending, denying or revoking any issued or applied for conditional use permit, the mayor shall notify the person holding the license, by registered mail or hand delivery, of such determination. Good cause includes but is not limited to the mayor’s determination that a conditional use is not being operated as specified in a conditional use permit, or that a conditional use is violating conditions set forth in a conditional use permit. Notice mailed to the address on the license shall be deemed received three business days after mailing. The notice shall specify the grounds for suspension, denial or revocation.

B. The licensee or applicant may appeal the decision of the mayor suspending, denying, or revoking a conditional use permit by filing a written appeal with the city clerk within ten calendar days of receipt of the decision of the mayor. The written appeal must state the specific grounds for appeal and explain the manner in which the mayor’s decision was incorrect. The written appeal must be accompanied by an appeal fee as set forth by resolution of the city council.

C. Only upon timely receipt of a written appeal and the appeal fee, the city clerk shall schedule a date for hearing the appeal before the city’s hearing examiner. Notice of the hearing will be mailed or otherwise delivered to the licensee or applicant.

D. The hearing shall be de novo. The burden of proof shall be on the city by a preponderance of the evidence. The hearing examiner may affirm, reverse or modify the mayor’s decision.

E. The decision of the hearing examiner shall be final. Any appeal of the decision of the hearing examiner shall be to Kittitas County Superior Court.

F. In addition to proceedings to suspend, deny, or revoke a conditional use permit under this chapter, the city may also pursue an action for public nuisance abatement or any other remedy available at law or inequity.

(Ord. 1535 § 1, 2019; Ord. 1387 § 1, 2013; Ord. 1163 § 1, 2001)