A.    Upon receiving a complaint from the public, sheriff, or any other interested party that an establishment is in violation of the performance standards of Section 6.104.060, or any of the other provisions set forth in these regulations, the enforcement officer shall review the alleged violation. The enforcement officer has the authority to work with the establishment to resolve minor violations. If the enforcement officer determines that the operating methods of the establishment may be causing undue negative impacts on the surrounding area, is in violation of any of the provisions set forth in these regulations, and may be a public nuisance, then the matter shall be set for administrative hearing before the board of zoning adjustments. This section is not intended to restrict the powers and duties otherwise pertaining to other county officers or bodies, in the field of monitoring and ensuring the harmony of alcoholic beverage sale commercial activities in the county.

    B.    The enforcement officer shall give notice of the administrative hearing before the board of zoning adjustments by written notice to the owner of the establishment and also the property owner if not the same, at least ten days before the hearing. Such notice shall be sent via certified return receipt mail. The notice shall include a statement describing the violations found by the enforcement officer as well as a copy of the applicable regulations. In addition, notice shall be posted along every public street upon which the establishment abuts and shall extend along such public streets not less than three hundred (300) feet from the exterior limits of the establishment.

    C.    The board of zoning adjustments shall hold a public hearing pursuant to the procedures set forth herein to receive testimony on whether the operating methods of the establishment are causing undue negative impacts in the surrounding area, and are in violation of any of the provisions set forth in these regulations. At the hearing, the enforcement officer shall prosecute the case. The board of zoning adjustments shall determine whether the establishment conforms to the performance standards set forth in Section 6.104.060 and to any other applicable criteria, and may find the establishment in compliance or require such changes or impose such reasonable conditions of approval as are in the judgment of the board of zoning adjustments necessary to ensure conformity to such criteria. Any new conditions of approval shall be made a part of the board of zoning adjustments’  decision and the establishment shall be required to comply with those conditions. In the alternative, if supported by the evidence, the board of zoning adjustments may determine that the activities occurring at the establishment constitute a public nuisance and may order the establishment to cease and desist all commercial activities. The findings and decision of the board of zoning adjustments shall be based upon information, testimony and other evidence submitted by the enforcement officer and the business owner, community members, and other interested parties as allowed by the board of zoning adjustments pursuant to Section 6.104.090.

    D.    The decision of the board of zoning adjustments shall become final ten calendar days after the date of decision unless appealed to the board of supervisors pursuant to Section 6.104.100. (Ord. 2002-83 § 1 (part))

6.104.080