A. Those non-conforming uses allowed to continue to exist pursuant to Section 19.69.010, as now enacted or as hereafter amended, may be conditioned as provided in this section.

B. The Planner, upon receipt of any claim, complaint, report, or information that a non-conforming use exists within the city shall investigate such claim, complaint, report, or information and make a determination as set forth below.

C. At the conclusion of his investigation, the Planner shall determine if the use is a non-conforming use.

D. If the use is found to be a non-conforming use, the Planner shall determine whether or not the use is allowed to continue pursuant to Section 19.69.010. If the use is not found to be a use allowed to continue pursuant to Section 19.69.010, the Planner shall proceed as provided in this chapter to terminate the use.

E. If the use is found to be a non-conforming use allowed to continue pursuant to Section 19.69.010, the Building Official, Fire Chief, and Planner shall make written summary of their findings and submit them, together with any conditions that, in their opinion, should be attached to the use, to the Planning Agency.

F. Upon completion of the documentation described in subsection B, the Planning Agency shall proceed to set a date for a public hearing within sixty (60) days of the receipt of the information, unless waived by the subject property owner, before the Planning Agency. The purpose of that hearing shall be to determine what conditions, if any, shall be attached to the continuing non-conforming use pursuant to 19.69.010. Notice of the hearing shall be published at least once prior to the hearing in a newspaper of general circulation in the city. Additionally, the Planner shall cause notice of the public hearing to be delivered to the adjacent land owners and occupants by mailing, posting, or personal notification, whichever the Planner determines is likely to give actual notice of the hearing to those persons.

G. At the conclusion of the public hearing, the Planning Agency shall make a finding on whether or not conditions need to be imposed pursuant to Section 19.69.010. If the Planning Agency finds conditions are necessary, it shall make findings as to what conditions and the reasons therefore.

H. Any non-conforming use found to be required to be conditioned, will be allowed to continue as long as the person, firm, partnership, or corporation responsible for that non-conforming use agrees to abide by and be governed by the conditions imposed by the Planning Agency within the time limit set by the Planning Agency. The conditions imposed by the Planning Agency may be for a period of up to 24 months. The Planning Agency may require more frequent review of the conditions imposed on the use as it may direct at the initial public hearing or any subsequent review.

I. Additionally, the Planner may bring a set of conditions on for review before the date provided at the time the conditions were set, upon a complaint being brought to its attention by the Planner or any citizen. The Planning Agency shall determine from a review of the complaint whether or not the allegation is sufficient to warrant a further hearing on the question. If a further hearing is deemed appropriate, the Planning Agency shall cause to be sent to the person, firm, partnership, or corporation responsible for the non-conforming use a notice of a hearing before the Planning Agency setting the date, time, and place of the hearing. The notice shall provide, in all capital letters, in a conspicuous place thereon: "THIS HEARING COULD DETERMINE WHETHER OR NOT YOUR NON-CONFORMING USE IS ALLOWED TO CONTINUE." Said notice shall be delivered in the same manner as personal service of summons to the responsible person, or posted upon the real property in question, or sent by United States mail service, postage prepaid, to the address of the responsible person. Said notice shall allow the responsible party five days time before the hearing within which to prepare, unless the Planning Agency findings at the time it considers the allegation of non-compliance that the public health, safety, and morals require a hearing before that time.

J. Either prior to or at least at the time of the hearing to consider the allegations of complaint concerning non-compliance with conditions, the Planning Agency shall inform the person, firm, partnership, or corporation responsible for the non-conforming use of the notice of the alleged violation. The Planner shall present the evidence of the failure to comply. The responsible person shall then be allowed to respond if that person so desires. The Planning Agency shall then make its findings. It shall find whether or not the conditions have been violated; whether or not any violation has occurred of such magnitude to require additional conditions, more frequent reviews of conditions, or termination. If termination of the privilege to continue the non-conforming use is determined by the Planning Agency as the only method that can protect the public health, safety, and morals to an acceptable degree, the Planning Agency shall determine the date and time of termination. Once the privilege is terminated for failure to observe conditions, the Planning Agency shall proceed to direct the Planner to enforce the provisions of this chapter to terminate the use.

K. Any person aggrieved by the decision of the Planning Agency may appeal to the City Council as provided in Chapter 18.11.