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(a) Approval. Upon the submission of a complete application, the director shall issue a license to operate a boarding home facility to the applicant if the director determines:
(1) the applicant has complied with all requirements for issuance of the license;
(2) the applicant, owners, operators, employees, and volunteers of the boarding home facility meet the criminal history qualifications of Section 8A-37 of this chapter;
(3) the applicant, owners, operators, or employees of the boarding home facility do not own or operate another licensed boarding home facility in the city for which the license is currently suspended or has been revoked within the past 12 months;
(4) the applicant has not made a false statement as to a material matter in the application for a license;
(5) the condition and use of the boarding home facility comply with the zoning regulations in the Dallas Development Code, the minimum housing standards in Chapter 27, and the standards in this chapter applicable to the property;
(6) the applicant, owners, and operators are not delinquent in any ad valorem taxes, fees, fines, or penalties owed to the city in relation to the property where the boarding home facility is located or have established and are current on a payment plan for any delinquent ad valorem taxes, fees, fines, or penalties owed; and
(7) the applicant, owners, and operators of the boarding home facility have not had a license for that boarding home facility revoked within the past 12 months.
(b) Denial. The director shall deny the license if:
(1) the director determines that the requirements of Subsection (a) have not been met; or
(2) the boarding home facility is located within 2,000 feet of another boarding home facility or group dwelling facility.
(A) This paragraph does not apply to a boarding home facility licensed before February 22, 2023 and that continuously maintains a boarding home license.
(B) For purposes of this paragraph, group dwelling facility includes a group residential facility and handicapped group dwelling unit, as those terms are defined in Section 51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing component of these regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.)
(c) Notification. If the director determines that an applicant should be denied a license, the director shall notify the applicant in writing by certified mail, return receipt requested, that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right to appeal. (Ord. Nos. 28706; 29753
; 32397
)
(a) The director may suspend a boarding home facility license for a period not to exceed 90 days if the director finds that:
(1) the licensee or employee of the boarding home facility failed to comply with any provision of this chapter, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility;
(2) the licensee or employee of the boarding home facility intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this chapter; or
(3) the possession, use, or sale of a controlled substance occurs at a boarding home facility.
(b) A boarding home facility for which the license has been suspended must provide a list of current residents to the director on the first day of the suspension and may not admit new residents during the time the license is suspended.
(c) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(d) The director shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal.
(e) A licensee whose license is suspended may not be granted a license to operate additional boarding home facilities during the period of suspension.
(f) A licensee commits an offense if he operates or owns a boarding home facility that admits new residents during the time that the suspension of the license is in effect. (Ord. Nos. 28706; 29753)
(a) Except as provided in Subsection (b), the director shall revoke any license issued to operate a boarding home facility if the director determines that:
(1) the licensee fails to meet the criminal history qualifications of Section 8A-37 of this chapter or allows an employee or volunteer to work at the facility who fails to meet the criminal history qualifications;
(2) the licensee intentionally made a false statement as to a material matter in the application or in a hearing concerning the license;
(3) the licensee failed to pay a fee required by this chapter at the time it was due; or
(4) a cause for suspension under Section 8A-10 has occurred and the license has already been suspended at least once within the preceding 12 months.
(b) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(c) Before revoking a license under Subsection (a), the director shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take, if any, to prevent the revocation, and a statement that the licensee has 10 days to comply with the notice.
(d) If, after 10 days from the date of the notice required in Subsection (c) was sent or delivered, the licensee has not complied with required actions listed in the notice, the director shall revoke the license and notify the licensee in writing of the revocation by certified mail, return receipt requested. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal.
(e) If a boarding home facility license has been revoked, the licensee may not apply for a new license for 12 months from the date of revocation.
(f) If a boarding home facility license has been revoked, the licensee has 10 days to relocate residents of the facility and cease operations.
(a) If the director denies issuance or renewal of a license or suspends or revokes a license issued under this chapter, the action is final unless the licensee files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code.
(b) The filing of an appeal stays the action of the director in suspending or revoking a license, or in denying renewal of a license that was valid on the date the application for renewal was submitted, until the permit and license appeal board makes a final decision.
(c) A good neighbor agreement may not be appealed.
(d) The permit and license appeal board may not impose a good neighbor agreement in connection with an appeal of a suspension or revocation.
(e) The permit and license appeal board shall consider the facts as they existed at the time of the license denial, suspension, or revocation in making its decision.
(f) The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)
(a) A license to operate a boarding home facility expires one year after the date of issuance. A pending application for renewal does not extend the expiration date of a previously issued license.
(b) A licensee shall apply for renewal at least 30 days before the expiration of the license on a form provided by the director. The licensee shall submit the fee, if any, prescribed by Section 8A-8 of this chapter, supply updated criminal background checks for all owners, operators, employees, and volunteers in accordance with Sections 8A-6(a)(9) and 8A-37 of this chapter, and update information contained in the original license application required under Section 8A-6 of this chapter, or any subsequent renewals under this section, if any of the information has changed. The licensee shall also sign a statement under penalty of perjury affirming that there is either no change in the information contained on the original license application and any subsequent renewal applications, or that the information that has been updated is accurate and complete.
(c) The director shall follow the procedures set forth in Section 8A-9 when determining whether to renew a license. (Ord. Nos. 28706; 29753)
A license to operate a boarding home facility and a license fee under Section 8A-8 is not transferable to another owner, operator, applicant, or location. (Ord. Nos. 28706; 32397)
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