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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own or operate another permitted boarding home facility in the city for which the permit is currently suspended or has been revoked;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)
The permit holder 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:
(a) The permit issued under this article to operate the boarding home facility. The permit must be presented upon request to the director, director's designee or to a peace officer for examination.
(b) A sign prescribed by the director specifying how complaint may be registered with the city.
(c) A notice in a form prescribed by the director stating that inspection and related reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility.
(d) 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.
(e) A notice in a form prescribed by the director that lists the name, location, and contact information for:
(1) The closest local public health services agency in the proximity of the facility; and
(2) 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.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Required inspections.
(1) A boarding home facility must pass all required inspections.
(2) The permit holder shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations, including, but not limited to, documentation of those requirements set out in §§ 20-491, 20-494, 20-496, 20-497 and 20-498 of this article. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions.
(3) The following inspections are required:
a. Permitting inspection.
b. Annual permit renewal inspection.
c. Annual fire inspection.
d. Annual kitchen inspection for a boarding home facility that provides meal preparation.
(b) Other inspections. The director may inspect any boarding home facility for the purpose of ascertaining whether violations of this article or any other city ordinances exist. The director is authorized at a reasonable time to inspect:
(1) The exterior of a structure and the surrounding premises; and
(2) The interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained.
(c) Consequences of refusal to inspect. If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the director may suspend the permit to operate a boarding home facility in accordance with Section 20-480.
(d) Reinspections. Whenever a boarding home facility is inspected by the director and a violation of this article or any other city ordinances is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated.
(e) Reinspection fee. The permit holder shall pay:
(1) To the director, $500.00, for each reinspection after the first inspection by that department that must be conducted before the violation is determined to be eliminated; and
(2) To the director of any other city department the fee required (if any) by the applicable code for each reinspection by that department that must be conducted before the violation is determined to be eliminated.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
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