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All health, safety, and construction standards established by the city in this code, the fire code, the construction codes, and any other applicable city ordinance or regulation apply to all assisted living facilities located within the city. (Ord. Nos. 23631; 28706)
(a) The director may inspect any facility at reasonable times as necessary to determine if it is an assisted living facility and to ensure compliance with this chapter and Chapter 247, Texas Health and Safety Code, as amended.
(b) Upon request of the Texas Department of Aging and Disability Services, the city attorney may petition a district court for a temporary restraining order to inspect a facility that is allegedly required to be licensed as an assisted living facility and that is operating without a license, when admission to the facility cannot be obtained.
(c) The director shall report to the Texas Department of Aging and Disability Services any assisted living facility that the director finds:
(1) is established or operating in the city without a license;
(2) poses an immediate threat to the health and safety of a resident of the assisted living facility; or
(3) is otherwise violating a provision of Chapter 247, Texas Health and Safety Code, as amended, or any rule, regulation, or standard governing assisted living facilities promulgated by the Texas Department of Aging and Disability Services under Chapter 247, Texas Health and Safety Code, as amended. (Ord. Nos. 23631; 28706)
Upon request of the Texas Department of Aging and Disability Services, the city attorney may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements for assisted living facilities under Chapter 247 of the Texas Health and Safety Code, as amended, if the Texas Department of Aging and Disability Services finds that the violation creates an immediate threat to the health and safety of the assisted living facility residents. (Ord. Nos. 23631; 28706)
The city attorney shall, upon being referred a case by the Texas Department of Aging and Disability Services, file suit in district court to collect and retain the civil penalty provided in Section 247.045, Texas Health and Safety Code, as amended. The city attorney and the Texas Department of Aging and Disability Services shall work in close cooperation throughout any legal proceedings requested by the Texas Department of Aging and Disability Services. (Ord. Nos. 23631; 28706)
(a) A person commits an offense if he:
(1) violates Section 33-3 of this chapter; or
(2) refuses to allow or interferes with an inspection authorized under Section 33-5(a) of this chapter.
(b) An offense under this chapter is punishable by a fine of not less than $200 or more than $2,000. A separate offense occurs each day or part of a day that the violation is committed, continued, or permitted.
(c) Prosecution in municipal court for an offense under this section does not prevent the use of other enforcement remedies or procedures provided by other city ordinances or state or federal laws that are applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 23631; 28706)