If the enforcing officer determines that there has been continuing noncompliance with the conditions of a conditional use permit previously granted by the city council, such officer shall schedule a public hearing before the city’s land use hearings examiner for purpose of hearing and making recommendation to the city council regarding the revocation, suspension or modification of such conditional use permit. Refusal by the enforcing officer to so schedule a hearing shall be deemed to be an administrative decision, subject to appeal by an aggrieved party pursuant to the provisions of this code. The procedures to be followed in providing for the public hearing, notice thereof recommendation by the hearings examiner to the city council and action by the city council shall be the same as that action directed to be taken upon application for such a conditional use permit pursuant to the terms of this chapter.

The city council, after receipt of recommendation from the hearings examiner as provided in this chapter, may revoke, suspend or modify a conditional use permit previously granted for those uses listed herein when it determines there has been continuing noncompliance with the conditions of such permit or other regulations governing such use. The options for decision before the city council and the final nature of such decision shall be the same as action on an original application. (Ord. 1192 §178, 2002).