§ 24-298. Modification or termination.

A.

Result of Review. If, as a result of review under Section 24-297 (Periodic Review), the County determines that the applicant (or successor in interest) has not complied in good faith with the terms and conditions of the Development Agreement, the County may modify or terminate the Development Agreement.

B.

Notice. If the County determines to proceed with modification or termination of the Development Agreement, the County shall give notice to the applicant (or successor in interest) of its intention to modify or terminate the agreement. The notice shall contain all of the following:

1.

The time and place of the hearing, which shall be conducted by the Board of Supervisors as provided in Subsection C (Hearing).

2.

A statement of whether the County proposes to modify or terminate the Development Agreement.

3.

Any other information the County considers necessary to inform the applicant (or successor in interest) of the nature of the proceedings.

C.

Hearing. The Board of Supervisors shall conduct a hearing on the modification or termination of the Development Agreement consistent with the following provisions:

1.

The applicant (or successor in interest) shall be given an opportunity to be heard at the hearing.

2.

At the hearing, the Board of Supervisors may affirm, modify, or reject the determination of County staff to modify or terminate the Development Agreement.

3.

The Board of Supervisors may refer the matter back to County staff for further proceedings or for report and recommendation.

4.

The Board of Supervisors may impose conditions to the action it takes that it considers reasonable and necessary to protect the interests of the County.

5.

The decision of the Board of Supervisors on the modification or termination shall be final.

(Ord. No. 4062, § 1, 9-10-13)