(a) Regardless of a boarding home facility's status, a person who violates any provision of this article, or who fails to perform a duty required by this article, commits an offense.
(b) An owner, operator, employee, or other person in control of a permi tted or unpermitted boarding home commits an offense if he or she knowingly operates an unsafe facility that represents an immediate threat to the health or safety of a resident, including a situation that has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
(c) An owner, operator, employee, or volunteer shall not operate a boarding home facility in a manner that results in illegal or nuisance activities including, but not limited to, disturbance of the peace, illegal drug activity, harassment of passers-by, public urination, theft, assault, vandalism, littering, illegal parking, loud noise, disorderly conduct, lewd conduct, or police detention or arrests.
(d) An offense under this article is punishable by a fine not to exceed:
(1) Two thousand dollars ($2,000) and/or up to 180 days in jail in accordance with Tex. Health and Safety Code, § 260.0051, as amended, if a person operates a boarding home facility in the city without a valid permit in violation of this article;
(2) Two thousand dollars ($2,000) if the provision violated governs fire safety, public health, or sanitation; or
(3) Five hundred dollars ($500) for all other offenses.
(e) A separate offense occurs each day or part of a day the violation is committed, continued, or permitted.
(f) Emergency closing order.
(1) If the director finds a boarding home facility operating in violation of the standards prescribed by this article and the violations create an immediate threat to the health and safety of a resident in the facility, the director may order immediate closing of all or part of the facility.
(2) The order of immediate closure under § 20-499(d)(1) is effective immediately on providing written notice of the order to the owner or operator by facsimile, email or hand-delivery.
(3) The order of closure of all or part of a boarding home facility is valid for ten days after its effective date.
(4) If the permit holder does not promptly relocate the residents of the boarding home facility upon receiving the order of closure for that facility, the city shall provide for the relocation of those residents. If possible, the city will relocate those residents to a boarding home facility in the city for which there is a current valid permit. The relocation may not be to a facility with a more restrictive environment unless all other reasonable alternatives are exhausted. The director is authorized to seek to recover the cost of relocating the residents from the owner and operator of the closed facility.
(5) The director and the Office of the City Manager, or other appropriate technical board or committee, shall expedite any hearing or decision involving an emergency closing order issued under this section.
(g) The city attorney may petition a district court or a county court at law for civil penalties and for injunctive relief to restrain a continuing violation of the standards or permit requirements for a boarding home facility under this article if the violations create an immediate threat to the health or safety of the facility residents.
(h) The city attorney may petition a district court or a county court at law for civil penalties and for injunctive relief to restrain the continuing operation of a facility that is providing services inconsistent with those prescribed by this article and state law until such time as said facility becomes appropriately licensed by the State of Texas or meets the requirements to obtain a permit under this article.
(i) The remedies and procedures in this section and in other laws are cumulative law, and the use of any particular remedy or procedure does not prevent the enforcement of any other law.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)