(A) Certificate required. Prior to accepting children for care, a home based child care facility must secure a Certificate of Occupancy issued by the City Manager or his designee. A copy of the appropriate Texas Department of Protective and Regulatory Services certification (registration or license) must be attached to the request for the certificate of occupancy inspection. The applicable Minimum Standards, referenced above, and applicable, fire, safety, health, and building regulations and codes shall serve as a guideline in the decision whether to issue the certificate. Any variance allowed by the applicable Minimum Standards shall be accepted as a valid variance by the City Manager or his designee, in determining compliance with fire, safety, health, or sanitation requirements. The applicant for such certificates shall reside on the premises as his/her principal dwelling place.
(B) Fee. The administrative and inspection fee, as set by the City Council, must be tendered with the complete application. Should a home not pass inspection, it will receive a second inspection after 10 to 15 business days. Any further inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection or application is withdrawn.
(C) Revocation. The City Manager may revoke the Certificate of Occupancy if the person holding the Certificate refuses or fails to comply with requirements of:
(1) This chapter;
(2) Certificate of occupancy;
(3) Fire codes and regulations;
(4) Health and safety codes and regulations;
(5) Building codes and regulations; or
(6) Any law governing, or any standard pertaining to the operation of a home based child care facility.
(D) Appeal provision. If the City Manager denies the issuance of a Certificate of Occupancy or revokes a Certificate of Occupancy issued hereunder, the City Manager shall, the next business day after the action, send to the applicant or holder of the Certificate of Occupancy a certified letter (return receipt requested) giving notice of the denial or revocation, stating the reasons) therefore and the right to appeal. Further, the City Manager shall physically post a complete and legible copy of the notice to the front public door of the premises of the home based child care facility and shall document the time and date of this posting. The applicant or holder of the Certificate of Occupancy may appeal the denial or revocation of a Certificate of Occupancy to the City Council subject to the following:
(1) The appeal must be in writing and filed with the City Manager's office within ten business days after the posting of the written notice of denial, or revocation;
(2) The appeal must clearly set out the basis of such appeal;
(3) A hearing shall be scheduled for the next regular City Council meeting no earlier than ten business days after receipt of the appeal;
(4) The City Council shall formally act upon the appeal at the meeting. During the hearing, the Mayor or other presiding officer may receive any information which he or she deems to be relevant and material, but at a minimum shall hear the appealing party and the City Manager. If the decision of the City Manager is overturned, the Certificate of Occupancy shall be issued. If the decision of the City Manager is upheld, the applicant or permittee shall have the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the date of the decision of the City Council. The applicant or permittee shall bear the burden of proof in the Council hearing and in court as to all issues.
(Ord. 2001-36, passed 11-13-01)