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(a) Upon payment of all required fees and the submission of a complete application, the director may issue a permit to operate a boarding home facility to the applicant if the director determines that:
(1) The applicant has complied with all requirements for issuance of the permit;
(2) The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of this article;
(3) The applicant, owners, operators, or employees of the boarding home facility do not own or operate another permitted boarding home facility in the city for which the permit is currently suspended or has been revoked;
(4) The applicant has not made a false statement as to a material matter in the application for a permit;
(5) The condition and use of the boarding home facility complies with zoning regulations, and all other standards in this article applicable to the property; and
(6) The applicant, owners, and operators do not owe the city any ad valorem taxes, fees, fines or penalties.
(b) If the director determines that the requirements of subsection (a) have not been met, the director shall deny the permit.
(c) If the director determines that an applicant should be denied a permit, the director shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) The director may suspend a boarding home facility permit for a period not to exceed 90 days if the director finds that the permit holder or an employee of the boarding home facility has:
(1) Failed to comply with any provision of this article, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility; or
(2) Intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this article.
(b) A boarding home facility for which the permit has been suspended may not admit any new residents during the time the permit is suspended.
(c) In lieu of suspending a permit for a boarding home facility, the director, at their sole discretion, may enter into a compliance agreement with a permit holder if the director determines that the compliance 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 article.
(d) The director shall send a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the permit holder's right to appeal by certified mail, return receipt requested.
(e) A permit holder whose permit is suspended may not be granted a permit to operate additional boarding home facilities during the period of suspension.
(f) A permit holder commits an offense if they operate or own a boarding home facility that admits new residents during the time that the suspension of the permit is in effect.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Except as provided in subsection (b), the director shall revoke any permit issued to operate a boarding home facility if the director determines that:
(1) The permit holder fails to meet the criminal history qualifications of this article or employs a person at the facility who fails to meet the criminal history qualifications.
(2) The permit holder intentionally made a false statement as to a material matter in the application or in a hearing concerning the permit;
(3) The permit holder failed to pay a fee required by this article at the time it was due; or
(4) A cause for suspension under § 20-480 has occurred and the permit has already been suspended at least once within the preceding 12 months.
(b) In lieu of revoking a permit for a boarding home facility, the director, at their sole discretion may enter into a compliance agreement with a permit holder if the director determines that the compliance 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 article.
(c) Before revoking a license under subsection (a), the director shall notify the permit holder in writing by certified mail, return receipt requested, that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the permit holder has ten calendar days to comply with the notice.
(d) If, after ten calendar days from the date of the notice required in subsection (c) was sent or delivered (whichever is later), the permit holder has not complied with required actions listed in the notice, the director shall revoke the permit and notify the permit holder in writing of the revocation. The notice must include the reason for the revocation, and a statement informing the permit holder of the right to appeal.
(e) If a permit has been revoked, the permit holder has ten calendar days from the date the notice was sent or delivered (whichever is later), to relocate the residents of the facility and cease operations. An appeal of the revocation does not suspend or toll this deadline.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
If the director denies issuance or renewal of a permit or suspends or revokes a permit issued under this article, the action is final unless the permit holder files a written appeal within ten business days with the office of the city manager.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) A permit to operate a boarding home facility expires one year after the date of issuance.
(b) A permit holder shall apply for renewal at least 30 calendar days before the expiration of the permit on a form provided by the director. The permit holder shall update the information contained in the original permit application required under § 20-475 of this article or any subsequent renewals under this section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.
(c) The director shall follow the procedures set forth in this article when determining whether to renew a permit.
(d) The fee for the renewal of a permit to operate a boarding home facility is $1,000.00.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
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