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(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)
(a) The licensee shall maintain the records listed in Subsection (b) either at the boarding home facility to which the records pertain or at a single location within the city. The licensee shall make those records available for inspection by the director or a peace officer at reasonable times upon request for purposes of administering this chapter.
(b) Records that must be maintained by the licensee include, but are not limited to:
(1) current records of ownership of the property where the boarding home facility is located;
(3) a copy of the boarding home facility's privacy policy, as required by Section 8A-34;
(4) records demonstrating compliance with applicable laws and regulations, as required by Section 8A-20;
(5) records documenting that each resident has received training on the emergency evacuation plan of the boarding home facility at least two times per calendar year, as required by Section 8A-29;
(6) records documenting that each resident was shown how to use all emergency exits from the facility within 24 hours of arrival at the facility, as required by Section 8A-30;
(7) records documenting the results of water sample testing if the boarding home facility obtains drinking water from a water well, as required by Section 8A-30;
(8) records documenting the initial screening of potential residents and the individualized assessments of residents, as required by Section 8A-34;
(9) records documenting whether residents have taken, or been reminded to take, their medication, as required by Section 8A-34;
(10) records documenting injuries, incidents, and unusual accidents that involve residents, as required by Section 8A-34;
(11) records documenting any allegations of abuse, neglect, or exploitation of a resident, as required by Section 8A-34;
(12) financial records for each resident for which the licensee is the representative payee or assists the resident with general money management, as required by Section 8A-34;
(13) a copy of the service agreement signed by each current resident, as required by Section 8A-34;
(14) records documenting required in-service education of boarding home facility staff;
(15) records documenting annual assessment and periodic monitoring of current residents to determine if residents are capable of self-administering medication and completing basic elements of personal care, as required by Section 8A-39;
(16) a roll of current residents, including their date of arrival, assigned room, and the name, address, and telephone number of the person or entity that referred them to the facility;
(17) a roll of former residents, including their date of departure, and the name, address, and telephone number of the person or entity in control of the residence to which they moved (if known);
(18) records documenting any work-related compensation received by each resident, as required by Section 8A-34 of this chapter; and
(19) any other records deemed necessary by the director for the administration and enforcement of this chapter.
(c) Except as otherwise provided, a licensee shall maintain a record that concerns a resident for three years after the resident no longer resides at the boarding home facility.
(d) Except as otherwise provided, a licensee shall maintain a record that does not concern a resident for three years. (Ord. Nos. 28706; 29753)
The licensee shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following:
(1) The license issued under this chapter to operate the boarding home facility. The license must be presented upon request to the director or to a peace officer for examination.
(2) A sign prescribed by the director specifying how complaints may be registered with the city.
(3) A notice in a form prescribed by the director stating that inspection reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility. The licensee shall redact inspection reports where necessary to protect residents' privacy.
(4) A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report. The licensee shall redact inspection reports where necessary to protect residents' privacy.
(5) A notice in a form prescribed by the director that lists the name, location, and contact information for:
(A) the North Texas Behavioral Health Authority and the closest local public health services agency in the proximity of the facility; and
(B) a local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity.
(a) The licensee shall provide the director with the name, street address, mailing address, e-mail address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week in the event of an emergency condition on the property where the boarding home facility is located.
(b) The licensee shall notify the director within five days after any change in the emergency response information.
(c) The licensee, or an authorized agent, must arrive at the property within one hour after a contact person named under this section is notified by a city employee or emergency response personnel that an emergency condition has occurred on the property. (Ord. 28706)
(a) A licensee commits an offense if he allows any ad valorem taxes, fees, fines, or penalties owed to the city in connection with the boarding home facility to become delinquent.
(b) It is a defence to prosecution under this section that the licensee diligently entered into a payment plan and makes regular payments in accordance with that plan to pay the delinquent ad valorem taxes, fees, fines, or penalties. (Ord. Nos. 28706; 32397)
(a) Purpose. The city, pursuant to the Fair Housing Amendments Act of 1988 (“FHAA”) 42 U.S.C. § 3601, et seq., as amended, and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., as amended, intends to ensure that all persons with a disability have an equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this chapter. This section allows a person to seek relief from the enforcement of any regulation contained in this chapter that would result in illegal discrimination against the disabled.
(b) Method of submitting a request for a reasonable accommodation; fees; confidentiality.
(1) A request for a reasonable accommodation may be submitted at any time that the accommodation may be necessary to ensure equal access to housing.
(2) A request for a reasonable accommodation may be submitted by an individual with a disability, the person’s representative, or a licensee providing housing for one or more individuals with disabilities.
(3) A request for a reasonable accommodation should be submitted in writing to the director on a form provided by the department, or in the form of a letter.
(4) There is no fee for an application requesting a reasonable accommodation.
(5) The city will retain any information identified by an applicant as confidential in compliance with applicable law and will not disclose the information unless required by law.
(6) If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the application process is accessible to the individual.
(c) Application. An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete:
(1) The applicant's name, mailing address, street address, telephone number, and e-mail address.
(2) The applicant's relation to the individual or individuals with a disability, if applicable.
(3) The address of the property to which the requested reasonable accommodation would apply.
(4) If the disability is not obvious, information substantiating that the individual who would obtain the benefit of the reasonable accommodation is disabled.
(5) The section or sections of this chapter from which a reasonable accommodation is being requested.
(6) If the need for the accommodation is not readily apparent, a brief explanation of why the requested accommodation is necessary for the individual or individuals with disabilities to have equal access to housing.
(d) Review of application by director; required findings; appeals.
(1) Upon receipt of a complete application for a reasonable accommodation, the director shall review the application and issue a written ruling that grants, grants with conditions, or denies the application.
(2) Before making a decision, the director may request an inspection of the boarding home facility, its records, and the land on which it is located. If the director makes such a request the applicant must make the property, the facility, and its records available for the inspection within 20 days after the date of the request or the application is automatically denied. If the director deems it necessary to request additional information from the applicant consistent with federal and state law, the director shall contact the applicant in writing and specify the additional information that is required. If the director makes such a request, the applicant shall provide the additional information to the director within 20 days after the date of the request or the application is automatically denied.
(3) Before making a decision, the director shall consult with the city attorney and the director of the office of fair housing to determine whether the accommodation should be granted.
(4) The director may impose reasonable conditions on any accommodation granted consistent with the purpose of this chapter.
(5) The written decision must be consistent with the FHAA and based on a consideration of the following factors:
(A) Whether the housing that is the subject of the request will be used by one or more individuals with a disability.
(B) Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability.
(C) Whether the requested accommodation would impose an undue financial or administrative burden on the city.
(D) Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law.
(E) The potential impacts of the requested accommodation on the applicant, the other residents of the boarding home facility, and the surrounding neighborhood.
(F) Whether a failure to grant an accommodation would result in the property having no economically viable use.
(G) Whether there are alternative accommodations that are reasonable and have an equal or less of an impact on the city, the applicant, the other residents of the boarding home facility, and the surrounding neighborhood.
(6) The director shall issue a written decision within 30 days of the later of receipt of a completed application, provided that the director is able to issue a decision based on the information provided in the original request; the completed inspection of the property, facility, and its records, as requested by the director; or the director's receipt of all additional information requested.
(7) All written decisions must be sent by certified mail, return receipt requested, and explain in detail the basis of the decision and notify the applicant of the right to appeal the director's decision to the permit and license appeal board.
(8) If the director denies an application for a reasonable accommodation, the action is final unless the applicant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code as if it were a permit. The permit and license appeal board shall consider the facts as they existed at the time of the director's decision. The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)
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