(A) Powers of the regulatory authority.
(1) The regulatory authority shall have the authority to regularly inspect or visit all child-care centers and before and after-school programs in the city, whether permitted or unpermitted, at any and all times necessary to ascertain if child-care centers or before and after-school program operations are being operated in conformity with this subchapter or if any conditions exist therein which require correction.
(2) The regulatory authority shall have the authority to give written notice, on the premises, to the operators of permitted or unpermitted child-care centers and before and after-school program programs, pertaining to violation of and/or requirement to comply with the provisions of this subchapter.
(3) If unpermitted child-care centers or before and after-school programs are found in operation, the regulatory authority shall have the authority to give written notice to the operator of said facility to cease child-care immediately.
(B) Authority to suspend permit - written notice required.
(1) The regulatory authority, after giving written notice, may suspend any permit if it finds any of the following: violations of immediate danger regarding construction of facility or on-premises buildings; toilet facility violations; sanitation violations; food preparation violations; improper storage and handling of chemicals or any harmful solution; lack of proper supervision; child neglect; child-care staff criminal history; potential for injury or death; infectious diseases; hazards with outdoor play areas; failure to pay required fees; and failure to comply with all fire, zoning, building, and health codes, at the child-care center or before and after-school program care facility.
(2) The written notice from the regulatory authority shall call to the attention of the permit holder the regulations of this subchapter in which he/she or the child-care center or before and after-school program failed to comply with, and shall specify a reasonable time, not to exceed 30 days, to come into compliance. Suspension of the permit shall require the operator to cease all activities immediately and to bring the child-care center or before and after-school program facility into compliance with directives from the regulatory authority within a prescribed time period.
(3) If the permit holder fails to comply with the provisions of this subchapter within the time specified, the regulatory authority may revoke the permit in accordance with this subchapter.
(C) Authority to revoke permit; written notice required. The regulatory authority may, upon written notice by personal service or by certified or registered mail sent to the address provided on the permit holder’s application, revoke a permit in the event of any of the following:
(1) Entry of the regulatory authority into a permitted facility has been denied or delayed;
(2) A statement of fact contained in the application was false or materially misleading;
(3) The permit holder fails to comply with the requirements of division (B)(2) hereof; or
(4) The permit holder has caused, suffered or permitted the commission of an aggravated violation of any provision of this subchapter.
(D) Appeal; notice required.
(1) The notice of revocation or denial of a permit shall become a final revocation after the expiration of ten days from the date of service upon the permit holder, operator, manager, or other person in charge of the child-care center or before and after-school program facility in question, unless on or before the expiration of ten calendar days the permit holder shall file with the regulatory authority a written appeal signed by such permit holder addressed to the City Manager setting out the basis for such appeal and in which it is requested that the City Manager grant a hearing upon the questions of whether or not the permit shall be revoked.
(2) The revocation shall be stayed or postponed until such time as the City Manager shall grant a hearing and make a final adjudication.
(3) The hearing shall be held within ten calendar days after the date of filing the appeal and the action of the City Manager after hearing all the evidence and facts shall be final and conclusive as to all parties. Following revocation or denial, the permittee or applicant shall not be eligible to apply or reapply for a permit for a period of one calendar year from the date of the revocation or denial. Any such revocation or denial shall be reported to the Texas Department of Protective and Regulatory Services. The city shall also report any violation notices or illegal operations to the Department.
(‘78 Code, § 10-56) (Ord. 767, passed 2-8-88; Am. Ord. 1346, passed 4-23-01; Am. Ord. OR-2253-22, passed 5-9-22)