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Communication No. 2012 -57.2 <br />event. (Planning Department Exhibit 17 - Letter Dated February 24, 2012 from <br />Attorney Ted Hong with attachments) <br />21. March 16, 2012: A Notice of Non Compliance of Conditions of Special <br />Permit No. 1122 and Order to Show Cause Before the Windward Planning <br />Commission was issued by the Planning Director on March 16, 2012 to Ellis after a <br />two -day fundraising anniversary event for Belly Acres was held on the subject <br />properties despite previous warnings not to hold the two -day event. The Notice <br />ordered Ellis immediately cease and desist from operating all unpermitted activities <br />including the weekly farmer's market and that all activities permitted under Special <br />Permit No. 1122 were suspended pending the decision of the Planning Commission. <br />(Planning Department Exhibit 18 — Notice of Non Compliance and Order to <br />Show Cause Dated March 16, 2012) <br />22. April 5, 2012: A Notice of Non Compliance of Conditions of Special <br />Permit No. 1122 and Notice to Proceed with Revocation of Special Permit No. 1122 <br />was issued to Ellis after the Planning Department continued to receive complaints that <br />the unpermitted weekly farmer's market, as well as other SPACE related activities <br />has continued after the issuance of the March 16, 2012 Cease and Desist Order. <br />(Planning Department Exhibit 19 — Notice of Non - Compliance and Notice to <br />Proceed with Revocation Dated April 5, 2012) <br />NON COMPLIANCE WITH CONDITIONS OF SPECIAL PERMIT NO. 1122 <br />The Planning Department has received numerous complaints alleging unpermitted activity <br />and non compliance with certain conditions of Special Permit No. 1122 since January 2010. <br />Condition No. 8 of Special Permit No. 1122 states the following: <br />"If the applicant fails to comply with the conditions of approval or causes <br />complaint(s) relating to any interference or nuisance and is unable to resolve them <br />with the surrounding community, the Planning Director shall investigate and, if <br />necessary, suspend the permit. The Planning Director shall then refer the matter to the <br />Planning Commission to revoke the permit. Upon appropriate findings by the <br />Planning Commission, if the applicant fails to comply with the conditions of approval <br />or has caused any unreasonable interference or nuisance on the surrounding <br />community, the permit may be revoked." <br />11 <br />