The City code enforcement officer (or other designated City representative) shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity's compliance with Operational Standards, Performance Standards and/or Conditions of Approval, where applicable. The enforcement officer shall provide the business owner and any manager on the premises during the on-site inspection with a copy of any complaint made in writing or with information about the details of any oral complaint.

If violations are observed during the observation and inspection, the enforcement officer shall record the violations and send via both U.S. first class mail and certified mail return receipt requested a "Notice to Abate" to the owner of the activity and the property owner, if not the same person or entity. Such "Notice to Abate" shall notify the owner and property owner of the violations recorded by the officer and that continued non-compliance may result in the penalties and shall set forth a reasonable period of not less than 10 calendar days within which to abate any violations. The enforcement officer may extend the 10 calendar day period where required if abatement requires the installation or construction of improvements or changes to the establishment.

At the end of the abatement period prescribed in the "Notice to Abate," the code enforcement officer shall conduct a reinspection visit. If the violations have not been abated within the prescribed abatement period and the officer determines that it is unlikely that further efforts to compel compliance by the owner with the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable, the officer shall determine that the activity is in persistent violation of the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable, and shall refer the matter and all material evidence to the Administrative Hearing Officer for adjudication. A copy of the officer's determination of continued non-compliance shall be sent via both U.S. first class mail and certified mail return receipt requested to the owner of the Alcoholic Beverage Sales Establishment and the property owner, if not the same person or entity.

Upon referral from the code enforcement officer that an activity is in persistent violation of the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable, the operating status of the activity in question shall be reviewed by the Administrative Hearing Officer at a public hearing. The purpose of the administrative hearing is to receive information as to whether the activity is in compliance with the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable.

The Administrative Hearing Officer shall determine whether the activity is in compliance with the Operational Standards, Performance Standards and/or Conditions of Approval, where applicable. For Deemed Approved Activities, the Administrative Hearing Officer may suspend, revoke, or terminate an Alcoholic Beverage Sales Establishment's Deemed Approved Status, pursuant to subsection 30-51.8, based on the determination of the Administrative Hearing Officer. For Conditionally Permitted Uses, the Administrative Hearing Officer may continue the Conditional Use status for the use in question, and may make a recommendation to the Planning Commission to impose administrative penalties for violations of the Operational Standards and/or Conditions of Approval or to revoke the activity's Conditional Use Permit, based on the determination of the Administrative Hearing Officer. Upon a recommendation of the Hearing Officer, the Planning Commission may impose further, new conditions on the activity; such conditions shall be based upon the information then before the Planning Commission. In reaching a determination as to whether a use has violated the operational standards, or as to the appropriateness of imposing conditions on a use, assessing administrative penalties, or the amount of administrative penalties to assess, the Planning Commission may consider:

The decision of the Hearing Officer shall be final unless appealed to the Planning Commission, by written form approved by the City and payment of the applicable hearing fee, within 10 calendar days after the date of the decision.

The decision of the Planning Commission shall be final unless appealed to the City Council in accordance with Section 30-26, by written form approved by the City, within 15 calendar days after the date of the decision.