(a)
A person who violates any provision of this article, or who
fails to perform a duty required by this article, commits an offense.
(b)
A licensee, employee, or other person in control of a boarding
home facility commits an offense if the person 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 offense under this article is punishable by a fine not to
exceed:
(1)
$2,000.00 if the provision violated governs fire safety, public
health, or sanitation; or
(2)
$500.00 for all other offenses.
(d)
A separate offense occurs each day or part of a day that the
violation is committed, continued or permitted.
(e)
If the department 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 department may order immediate closing of all
or part of the facility.
(1)
The order of immediate closure as prescribed in this subsection
(e) is effective immediately on providing written notice of the order to the owner or operator by facsimile, e-mail, or hand-delivery.
(2)
The order of closure of all or part of a boarding home facility
is valid for ten (10) days after its effective date.
(3)
If the licensee 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 license. The relocation may not be to a facility with a more
restrictive environment unless all other reasonable alternatives are
exhausted. The department is authorized to seek to recover the cost
of relocating the residents from the owner and operator of the closed
facility.
(4)
The department and the city manager shall expedite any hearing
or decision involving an emergency closing order issued under this
section.
(f)
The city attorney may petition a district court or a county
court of law for civil penalties and for injunctive relief to restrain
a continuing violation of the standards or licensing requirements
for a boarding home facility under this article if the violation creates
an immediate threat to the health or safety of the facility residents.
(g)
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.
(Ordinance 23-952 adopted 4/27/2023)