The purpose of these rules is to establish minimum health standards
for the construction, operation and maintenance of a lodging establishment
within the corporate limits of the city.
(2001 Code, sec. 58-200; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
Is a residential building operating as a lodging establishment
which offers seven or fewer rooms to rent and serves breakfast to
overnight guests. A bed and breakfast does not mean a residential
rental. A bed and breakfast with seven or fewer rooms and which only
serves breakfast is not required to have a retail food establishment
permit.
Free from dirt, impurities or multiple stains; hygienic conditions
and practices that serve to promote or preserve health.
A diagnosis of an illness due to Norovirus; hepatitis A virus,
Salmonella typhi; Shigella spp, shiga toxin-producing Escherichia
coli; or similar organism clinically suspected to cause symptoms of
vomiting, diarrhea, jaundice or sore throat with fever and considered
transmissible.
A particular condition of construction, operation, or maintenance
which is found in violation of these rules on three or more consecutive
inspections or laboratory analyses within a 12-month period.
Surfaces which are readily accessible and made of such materials
and finishes and so fabricated that residue may be effectively removed
by normal cleaning methods.
Any items used in connection with the operation of a lodging
establishment including, but not limited to, any washer, dryer, ice
machine, fans, air conditioning units, heaters, refrigerators, or
cooking units.
More than a usual, multiple or an unreasonable number.
Guests that stay for a week or longer in length.
Any sinks, bathtubs, showers, toilet fixtures, or any other
such items used in connection with the operation of a lodging establishment.
Any bedding, furniture, lamps, or any such items used in
connection with the operation of a lodging establishment.
Any person who rents and occupies a guest room in a lodging
establishment.
Any room or unit of a lodging establishment where sleeping
accommodations are regularly offered to the public.
A situation that is likely to cause an immediate threat to
human life, an immediate threat of serious physical injury, immediate
threat of serious adverse health effects, or a serious risk of irreparable
damage to the environment if immediate action is not taken.
An examination by the director of health or their designee
of the lodging establishment structure, facilities, equipment, and
operations. The inspection area shall include, but not be limited
to, the public and guest rooms; fixtures; furnishings; equipment and
utensils; water supply and waste disposal facilities; and the buildings'
surroundings. The term "inspect" or "inspection" shall also include
a determination of the cleanliness and maintenance of the building,
furnishings fixtures, equipment and utensils, and any other examination
necessary to determine the degree to which any lodging establishment
complies with the provisions of these rules. Inspections are performed
on a routine schedule or as a result of a complaint.
A small kitchen with refrigeration, vented cooking range,
dishwashing sinks and cooking utensil storage.
All federal, state, and local statutes, ordinances, and/or
rules.
The fitted sheets, top sheets, and pillows, excluding coverlets
and comforters.
Any building, group of buildings, structure, facility, place,
or places of business where seven or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire.
The term "lodging establishment" can be construed to be a hotel, motel,
motor hotel, apartment hotel, tourist court, resort, cabins, tourist
home, bunkhouse, bed and breakfast, non-hosted hotel, or other similar
place by whatever name called, and includes all such accommodations
operated for hire as lodging establishments for either transient guests,
permanent guests, or for both transient and permanent guests. The
term "lodging establishment" does not include duplexes, quadriplexes,
dormitories, residential rentals, and apartment complexes.
The owner’s agent or representative, who is directly
responsible for operation of the lodging establishment.
Any condition as defined in Texas Health and Safety Code
sec. 341.011.
The score determined by deducting the values of all items
found in violation from 100.
A person who holds legal possession or ownership of a total
or partial interest in the structure or property on which exists a
lodging establishment.
The director of the Wichita Falls-Wichita County Public Health
District or his designee.
All or part of a person’s residence is offered for
rent. Residential rentals typically operate using a peer-to-peer advertising
platform but do not have to do so to be considered a residential rental.
Residential rentals do not provide time or temperature controlled
for safety (TCS) food to guests.
City and county ordinances or state statutes.
Free from harmful elements, including pathogens that endanger
public health.
The effective bactericidal treatment by a process that provides
enough accumulative heat or concentration of chemical for sufficient
time to reduce the bacterial count, including pathogens, to a safe
level on cleaned surfaces.
Free of multiple cracks or other openings that permit the
entry or passage of excessive moisture that causes water damage to
the property.
Cups, containers, ice bucket liners, stirrers, paddles, straws,
napkins, doilies, wrapping materials and similar articles intended
for one time use and then discarded.
(2001 Code, sec. 58-201; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
It shall be the duty of the regulatory authority to provide
inspection records for review. Records shall be kept for a minimum
of five years and shall be available for review according to the Public
Information Act.
(2001 Code, sec. 58-202; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
A person may not operate a lodging establishment without a permit
issued by the regulatory authority. Permits are not transferable from
one person to another or from one location to another location, except
as otherwise permitted by these rules. A current lodging establishment
permit must be conspicuously displayed where it may be readily viewed
by guests within a common lobby area at all lodging establishments
at all times.
(2001 Code, sec. 58-203; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
Any
person desiring a lodging establishment permit must make a written
application for a permit on forms provided by the regulatory authority.
The application must, at minimum, contain the following:
(b)
An
incomplete application will not be accepted. Failure to complete required
information or falsifying information required may result in denial
or revocation of the permit. Renewal of the permit is required on
an annual basis and is the responsibility of the owner and manager
of the lodging establishment both jointly and separately. The same
information is required for a renewal permit as for an initial permit.
New and existing lodging establishments shall be in compliance with
this article to be issued a permit.
(2001 Code, sec. 58-204; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
Prior
to the approval of an initial permit for lodging establishments or
the renewal of an existing permit, the regulatory authority shall
inspect the lodging establishment to determine compliance with these
rules.
(b)
A lodging
establishment that does not comply with these rules will not be granted
a permit to operate.
(c)
The
regulatory authority is authorized to conduct inspections, at intervals
determined by the regulatory authority, to ensure compliance with
all provisions of this article.
(d)
The
lodging establishment must achieve at minimum a numerical score of
70 to pass an inspection. Demerits will be equally weighted at two
points each and multiple violations of the same deficiency shall constitute
one violation on the inspection form. The numerical score shall be
computed by subtracting the number of demerits from 100.
(e)
If
a lodging establishment receives a numerical score of 70 or below,
there must be immediate corrective actions taken to correct deficiencies
to raise the numerical score above a 70 within the following 24-hour
period to avoid possible closure.
(f)
Inspections
will be conducted during normal business hours unless there is a report
of a contagious disease or complaint that presents an imminent threat
to public health and safety. The regulatory authority shall have the
right to enter at any hour upon the premises where a lodging establishment
is located as deemed necessary by the director of health.
(g)
Occupied
rooms may be inspected whenever there is a reasonable risk of a health
hazard or imminent threat to the structure that if uncorrected would
adversely affect adjoining rooms.
(h)
The
regulatory authority shall have the authority to collect samples for
laboratory analysis.
(i)
It
shall be a violation to refuse or obstruct the regulatory authority
or designee from conducting inspections.
(2001 Code, sec. 58-205; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
Only persons and entities that comply with the requirements
of these rules shall be entitled to receive and retain a permit required
by this article. Permits to operate a lodging establishment expire
one year after issuance, unless revoked or suspended for noncompliance.
All lodging establishments must comply with provisions of this rule
upon 30 days from passage. The permit fee will be paid annually to
the regulatory authority. All lodging establishments shall have a
minimum of 75 percent of their guest rooms in a condition that meet
the requirements of this article in order to retain a permit to operate
the lodging establishment. Fees shall be as established by separate
ordinance.
(2001 Code, sec. 58-206; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
All lodging establishments shall be maintained to meet the following
requirements:
(1)
Lodging
establishment grounds shall be free of excessive litter and have garbage
properly stored in covered containers with tight fitting lids and
be free of any collection of items that could harbor rodents, cockroaches
or mosquitoes and:
(A)
Shall have all walking and driving surfaces of the immediate exterior
areas surfaced with concrete or asphalt, or other approved material
to minimize dust.
(B)
There shall be no conditions that constitute a public health nuisance
as set forth by the state.
(C)
Non-essential articles, items, or equipment that cause a public nuisance
or harbors roaches, rodents or other vectors shall be removed.
(D)
Outside garbage containers shall be cleaned at least monthly or as
needed to prevent a nuisance or odor. Liquid waste resulting from
cleaning the containers shall be disposed in a manner that does not
create a nuisance.
(E)
Animals shall be excluded from the laundry, linen storage, utensil
washing, food service, single-service storage and ice machine areas
except as provided by law.
(2)
Lodging
establishments shall be sealed and free of leaks and excessive water
damage or mold. Surfaces of floors, walls, counter tops, and ceilings
shall be easily cleanable in good physical condition and with carpets
and curtains in clean condition and free of excessive stains. Further
requirements are as follows:
(A)
Furnishings shall be maintained in good condition and clean. Items
with excessive wear, tears, or stains shall be replaced.
(B)
Each unit shall have trash removed, be vacuumed, and have smooth
surfaces sanitized after each occupancy.
(C)
Glasses, pitchers, ice buckets, and eating and cooking utensils in
the kitchenettes shall be cleaned and sanitized after each occupancy.
(D)
All rooms and bedding shall be free from an accumulation or infestation
of insects or ectoparasites. If a room becomes infested with insects
of any type, the room shall not be occupied until the infestation
is controlled.
(E)
Soap shall be provided with a dispensed liquid or with new, individually
wrapped bar soap. Used bar soap shall be removed from the rooms when
the guest ends the occupancy. Other toiletries provided by the lodging
establishment which are opened by the guest shall be removed when
the guest ends the occupancy. Used soap and toiletries shall be discarded
and shall not be used for any other purpose.
(F)
A dispensed liquid soap shall be provided in all common and public
bathrooms and toilets.
(G)
Single service articles shall be replaced after each occupancy or
when visibly damaged or the possibility of contamination exists.
(H)
All toxic and hazardous substances shall be properly labeled with
the common name of the content and appropriately stored to prevent
contamination.
(3)
Lodging
establishments providing ice shall only produce ice from potable water
and such shall be handled in a sanitary manner, including that:
(A)
Ice shall be free from visible trash and sediment.
(B)
Ice shall not be made or stored in an owner’s or manager’s
private refrigerator and/or private living areas.
(C)
Ice that is not produced at the lodging establishment shall be obtained
from an approved source, shall be properly labeled and protected from
contamination during transportation and storage.
(D)
Ice machines shall be of sanitary, durable, corrosion-resistant,
and easily cleanable construction.
(E)
Ice machines shall be kept sanitized and in good repair.
(F)
Ice storage bins shall be drained into an approved sewage system
and must have a physical air gap.
(G)
When replacement of a self-service ice machine becomes necessary
or additional machines are added, an automatic self-serve ice dispensing
machine shall be installed.
(H)
Ice machines shall be located in a place which provides protection
from the elements and possible sources of contamination. Exterior
storage spaces shall provide, at a minimum, overhead protection. The
area shall be kept clean and shall be free of accumulation of excessive
moisture, drippage, or trash.
(I)
Vending and ice machines shall be sanitized; with an ice scoop available
and installed with a drain that includes a physical air gap to prevent
backsiphonage. All ice machines with storage bins shall be equipped
with an ice scoop that is attached to the ice bin with a tether of
easily cleanable material. The tether shall be of such a length to
prevent the scoop from touching the ground and maintained in a clean
and sanitary condition.
(J)
All lodging establishments with customer service ice machines in
common areas prior to the adoption of these rules shall have automatic
self-service ice dispensing machines upon replacement. This requirement
excludes kitchenettes and icemakers in refrigerators.
(4)
All
linens, towels, and laundry shall be provided in a clean sanitary
condition without excessive stains or damage. In addition, the following
are required:
(A)
During laundering, clean linens, towels, and laundry shall be kept
in separate carts and stored away from soiled linens, towels, and
laundry.
(B)
Linens shall be protected from dust, dirt, vermin, or other contamination
at all times.
(C)
Linens shall be changed to clean linens after each occupancy in preparation
for a different occupancy.
(5)
Lodging
establishments with non-guest laundry facilities shall be restricted
to the washing and drying of linens, towels, uniforms, and aprons
necessary to the operation of the lodging establishment. In addition,
the following are required:
(A)
If such items are laundered on the premises, a commercial washing
machine and dryer shall be provided and used in accordance with subsection
(5)(C) of this section.
(B)
Equipment shall be installed according to manufacturer's instructions.
(C)
Laundry facilities shall be separated from any other permanent living
quarters by complete partitioning and solid self-closing doors.
(D)
Traffic through or use by guests of the non-guest laundry facility
is prohibited.
(6)
Should
separate laundry facilities be provided for the use of the lodging
establishment guests, these shall be located in a different room or
area of the lodging establishment than those provided for commercial
laundry purposes. These facilities shall be clean and maintained in
good repair.
(7)
Fire
safety of lodging establishments shall be the responsibility of the
manager/operator and be in accordance with the applicable code and/or
ordinance. In addition, the following are required:
(A)
Lodging establishments shall have proper fire extinguishers available,
fully charged, and have current inspections as required by current
city code.
(B)
Portable outside cooking grills of any type shall be no closer than
ten feet from any enclosed or combustible structure.
(C)
Only professionally installed and inspected cooking ranges with approved
venting for kitchenettes shall be allowed in lodging establishments.
(D)
Individual rooms may have a microwave oven and/or a coffee/tea maker;
kitchenettes are exempt from this limitation.
(E)
Corded cooking or heating devices such as portable hot plates or
crockpots shall not be allowed in rooms unless they are property of
the lodging establishment provided for extended stay guests and the
room has a kitchenette. Corded cooking equipment provided by the lodging
establishment must be kept in good condition. The operator shall either
post signs; state this policy verbally; provide in writing during
check-in procedures; or provide this information within the guest
services book within each guest room to comply with this section.
(F)
Storage and equipment rooms must be organized with all flammables
properly labeled with common names.
(G)
Rooms where fuel burning appliances are used shall be properly vented
in accordance with the manufacturers’ specifications, and carbon
monoxide monitors shall be provided in these rooms.
(H)
Rooms shall have and maintain, in operating condition, an approved
battery or electrically operated smoke detector device in each guest
room. Owners and operators shall be required to test each smoke detector
at a minimum of two times each calendar year to determine if each
detector is in working order. Records of the testing shall be maintained
and provided to the public health inspector upon request.
(I)
Emergency phone numbers including 911, fire, police, and first-aid
equipment must be available at the front desk.
(J)
Records shall be kept of all accidents or injuries of guests and
employees that occur on the premises of a lodging establishment.
(8)
Should
swimming pools, spas, and similar facilities be installed, they shall
be constructed and maintained in accordance with the applicable code.
Swimming pool water shall only be disposed of into an approved sanitary
sewer.
(9)
Insect
and rodent control:
(A)
Every lodging establishment shall be constructed and maintained in
such a condition as to prevent the entrance, harborage or breeding
of insects or rodents. Openable windows shall be screened and be in
good condition without cracks or missing seals and shall be in good
working order. Screening material shall be 16 mesh to the inch. Routine
inspections of the premises shall be conducted to control and minimize
the presence of pests and harborage conditions.
(B)
Professional pest services shall be used for preventive maintenance
and for control and elimination of the presence of pests, or the health
official may approve the following:
(i)
For the control of bed bugs, a lodging establishment may self-treat
with commercial grade heat treating equipment. The person administering
the heat treatment must be able to demonstrate knowledge of how to
use equipment and also have in their possession a manufacturer's manual
for the operation of the heat treating equipment. If knowledge cannot
be demonstrated the lodging establishment's right to self-treat shall
be revoked and a professional pest control company shall be required
for treatment.
(ii)
In the case the facility is not successful in self-treating for
bed bugs, the health official shall require professional pest control
and a pest management program.
(C)
Removal: Dead or trapped birds, insects, rodents, and other pests
shall be removed from pest control devices and the premises at a frequency
that prevents their accumulation, decomposition, or the attraction
of pests.
(D)
If bed bug evidence is found in a guest room, a thorough inspection
of the room is required to determine where bed bugs are harboring.
The room shall be closed and treated. The treated room shall be inspected
again after 48 hours to determine if there are any surviving bed bugs.
If live bed bugs are found, the room shall remain empty and be inspected
again at 72 hours. The surrounding units (on either side, above and
below) shall be inspected for bed bugs also as bed bugs can easily
move through walls to adjacent rooms. Each room that has evidence
of bed bugs shall be closed and treated until no evidence of bedbugs
is found.
(10)
Lodging
establishments shall, in general, be kept in a clean and sanitary
condition, in good repair, and be maintained and operated with strict
regard to health and safety of the transient or permanent guest. Extended
stay guests at all lodging establishments shall be moved to a new
room after seven days to allow cleaning and sanitization of the guest
room and bathroom if maid service is not provided at a minimum of
once per week or facility repairs are necessary to adhere to these
rules.
(11)
Records
shall be kept for a period of no less than 90 days of the cleaning
frequency of rooms that are used for extended guests stays; noting
last cleaning performed and any room damage or repairs.
(2001 Code, sec. 58-207; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
An
adequate, accessible supply of potable drinking water approved by
the Texas Commission on Environmental Quality shall be provided at
all lodging establishments.
(b)
Water
under pressure at the required temperatures shall be provided to all
fixtures and equipment that use water.
(c)
Water
from a source other than a public water supply shall not be used until
the department or other state regulatory authority has approved it.
(2001 Code, sec. 58-208; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
Sewage
and wastewater treatment and disposal shall be accomplished in a manner
so as to not create a health hazard, pollute or contaminate groundwater,
or create a nuisance. This includes draining swimming pool water and
while performing plumbing repairs of any kind.
(b)
Sewage
and wastewater treatment systems with a discharge shall be installed
and maintained in compliance with the state laws and local ordinances.
(2001 Code, sec. 58-209; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
No
employee of a lodging establishment, while infected with a contagious
disease that can be transmitted to other employees or the guests,
or who is a carrier of organisms that cause such a disease, or who
is affected with a boil, an infected wound or acute respiratory infection,
shall work in a lodging establishment in any capacity in which there
is a likelihood of such an employee contaminating ice, clean linens,
or single service articles with pathogenic organisms or transmitting
the disease to other persons.
(b)
Employees
working with and handling single service items, such as clean laundry,
ice or beverages, or performing tasks that would contaminate their
hands shall thoroughly wash their hands and exposed areas of their
arms before starting work, after smoking, after taking out the trash,
after handling dirty linens, after eating or using the toilet. Employees
shall keep their fingernails trimmed evenly and clean.
(c)
Employees
involved in guest services and housekeeping functions shall wear clean
clothing, which is in good repair. When performing cleaning functions
that could bring the employee into contact with guest’s bodily
fluids, the employee shall be provided protective gloves for optional
use.
(2001 Code, sec. 58-210; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
When
the regulatory authority has reasonable cause to suspect possible
contagious disease transmission by an employee of a lodging establishment,
it shall immediately secure a medical history of the suspected employee,
make other investigations as necessary, and notify the state epidemiologist.
The regulatory authority may require any or all of the following measures
and any other measures, which is deemed necessary for the protection
of the public health:
(1)
The immediate exclusion of the employee from employment in lodging
establishments.
(2)
The immediate closure of the lodging establishment concerned until,
in the opinion of the regulatory authority, no further danger of disease
outbreak exists. Immediate suspension initiated without a hearing
shall only occur upon personal order of the director of the Wichita
Falls-Wichita County Public Health District.
(3)
The restriction of the employee’s services to specific areas
of the lodging establishment operations where there would be no danger
of transmitting disease.
(4)
Adequate medical and laboratory examination of the employee and other
lodging establishment employees including collection of appropriate
medical specimens.
(b)
When
the regulatory authority has reasonable cause to suspect possible
contagious disease transmission by a guest of a lodging establishment,
the guest room shall not be occupied again until the regulatory authority
has given its approval. The lodging establishment manager shall follow
the regulatory authorities’ instructions with respect to required
cleaning and disinfection of the guest room, bathroom, furnishings,
and equipment or the temporary removal of furnishings and equipment.
(c)
The
regulatory authority may require the immediate closure of any lodging
establishment or any portion of a lodging establishment, after proper
notice has been given, if just cause to suspect the possibility of
transmission of disease or other public health hazard will result
from the operation of the lodging establishment or a particular portion
of the lodging establishment. Immediate suspension initiated without
a hearing shall only occur upon order of the director of the Wichita
Falls-Wichita County Public Health District.
(2001 Code, sec. 58-211; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
There
shall be present in lodging establishments only those poisonous or
toxic chemical materials necessary for maintaining and cleaning the
premises, maintaining the landscaped ground, maintaining the aquatic
facilities, washing linens and towels, cleaning and sanitizing equipment
and utensils, and controlling insects and rodents.
(b)
All
containers of chemical materials shall be prominently and distinctly
labeled for easy identification and use of the contents.
(c)
All
chemical materials shall have the appropriate material safety data
sheet (MSDS) or safety data sheets (SDS) kept on file for emergency
use.
(d)
Storage
of materials:
(2)
Each of the three material categories shall be stored separately
and kept in chemical cabinets, separate rooms or physically located
away from each other to prevent mixing and possible contamination.
All poisonous or toxic materials shall be stored in cabinets or in
similar physically separated places used for no other purpose. To
preclude contamination, poisonous or toxic materials shall not be
stored above ice, linens, towels, utensils, or single-service articles,
except that this requirement does not prohibit the convenient availability
of detergents and sanitizers at utensil or dishwashing stations, or
laundry compounds in the vicinity of washing machines or dryers.
(e)
Use
of materials.
(1)
Bactericides, cleaning compounds or other chemicals intended for
use on food, beverage, or ice contact surfaces shall not be used in
a way that leaves a toxic residue on such surfaces or that creates
a hazard to employees or other persons.
(2)
Poisonous or toxic materials shall not be used in a way that contaminates
ice, linens, towels, single-service articles or utensils, nor in a
way that constitutes a hazard to guests, employees or other persons,
nor in a way other than in full compliance with the manufacturer’s
labeling.
(f)
Personal
articles and medications shall be stored in employee lockers or away
from ice, linens, towels, single-service articles or utensils that
could become contaminated.
(g)
First-aid
supplies shall be stored away from ice, linens, towels, single-service
articles or utensils that could become contaminated.
(2001 Code, sec. 58-212; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
The
regulatory authority may, without warning, notice, or hearing, suspend
any permit to operate a lodging establishment if the operation of
the establishment constitutes an imminent health hazard to public
health. A supervisor will confirm the hazard before suspension is
effective when possible.
(b)
Whenever
a permit is suspended because of noncompliance or failure to maintain
inspection minimum standards the holder of the permit or person in
charge shall be notified in writing that the permit is, upon service
of the notice, immediately suspended.
(2001 Code, sec. 58-213; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
Opportunity
for a hearing will be provided if the holder of the permit files a
written request with the regulatory authority within ten days of the
notice of suspension. Whenever a permit is suspended, the holder of
the permit shall be afforded an opportunity for a hearing as soon
as possible and not to exceed 20 days of receipt of the request for
a hearing. If no written request for a hearing is filed within ten
days, the suspension is sustained.
(b)
The
regulatory authority may end the suspension at any time if reasons
for the suspension no longer exist.
(2001 Code, sec. 58-214; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
The regulatory authority may, after providing for a hearing,
revoke a lodging establishment permit for serious or repeated violations
of any of the requirements of this article or for interference with
agents of the regulatory authority in the performance of their duties.
Prior to revocation, the regulatory authority shall notify the holder
of the permit or the person in charge, in writing, of the reason for
which the permit is subject to revocation. The permit shall be revoked
at the end of ten days following service of such notice unless the
holder of the permit files a written request for a hearing with the
regulatory authority within such ten-day period. If no request for
a hearing is filed within the ten-day period, the revocation of the
permit becomes final.
(2001 Code, sec. 58-215; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
A notice
as required in this article is properly served when it is hand delivered
to the general manager and a copy is sent by registered or certified
mail, return receipt requested, to the last known address of the holder
of the permit. A copy of the notice shall be filed in the records
of the regulatory authority.
(b)
The
regulatory authority shall conduct the hearings provided for in this
article at a time and location designated by the director of health.
The hearing shall be conducted before a panel including the assistant
director of health, who shall preside over the meeting, the health
district's health and wellness administrator, and a hotelier chosen
by the director of health. This panel shall conduct the hearing with
evidence presented by the inspection staff and by the involved lodging
property staff to determine whether to recommend to sustain, modify,
or rescind any order recommended by the environmental division. The
recommendation of the panel shall be conveyed to the director of health
for consideration and, based upon the recorded evidence of such hearing,
the director of health shall make final findings and shall sustain,
modify or rescind any notice or order considered in the hearing. The
director of health shall furnish a written report of the hearing to
the holder of the permit.
(2001 Code, sec. 58-216; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
(a)
A person commits a class C misdemeanor if the person violates any part of this article after being given a 72-hour notification of continual violations or allows conditions deemed an imminent health hazard. An offense under this article is a misdemeanor punishable by a fine pursuant to section 1-14.
(b)
Each
day of a continuing violation is a separate offense.
(2001 Code, sec. 58-217; Ordinance 82-2006, sec. 1, adopted 10/17/06; Ordinance 31-2022 adopted 8/16/2022)
