(a) 
Powers of the regulatory authority:
(1) 
The regulatory authority shall have the authority to regularly inspect or visit all child care and before and after-school programs embraced within the provisions of this article, whether permitted or unpermitted, at any and all times necessary to ascertain if child care or before and after-school program operations are being conducted in conformity with this article 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 article.
(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 caring immediately.
(b) 
Authority to suspend permit—Written notice required.
(1) 
The regulatory authority shall have the authority after giving written notice to suspend any permit if it is determined that violations of immediate danger regarding construction of facility or on-premises buildings; toilet centers; sanitation; food preparation; storage and handling of chemicals or any harmful solution; lack of proper supervision; child neglect; staff/caregivers criminal history; potential for injury or death; infectious diseases; hazards with outdoor play areas; vehicles used to transport children; failure to pay required fees; and failure to comply with all fire, zoning, building, and health codes, at the child care or before and after-school program care facility.
(2) 
The regulatory authority, in writing delivered to the address of the permit holder or by certified or registered mail, shall call to the attention of the permit holder the particulars and areas in which he/she or the child care or before and after-school program failed to comply with the provisions of this article, and shall specify a reasonable time, not to exceed 30 days, for the permit holder to remedy said failure.
(3) 
If the permit holder fails to comply with the provisions of this article within the time specified, said director shall give notice in writing to the operator, permit holder, manager, or other person(s) in control of said child care or before and after-school program that the permit issued for the operation of said child care or before and after-school program is revoked.
(4) 
Suspension of the permit shall require the operator to cease all activities immediately and to bring the child care or before and after-school program facility into compliance with directives from the regulatory authority within a prescribed time period. Failure to rectify designated problems at the child care or before and after-school program facility shall lead to revocation of the permit.
(c) 
Authority to revoke permit—Written notice required.
The regulatory authority may revoke a permit if the regulatory authority has reasonable cause to believe that:
(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 has fails to comply with the requirements of (b)(2) hereof;
(4) 
The permit holder has caused, suffered or permitted the commission of an aggravated violation of any provision of this article; or
(5) 
The permit holder, the director, or a person in charge employed by the permit holder has repeatedly failed to comply with any provision of this article.
The regulatory authority shall provide notice of the revocation by personal service or by certified or registered mail, sent to the address provided on the permit holder's application.
(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 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) 
Such appeal, if made and filed as prescribed in this section, shall not create any right to continue operation unless granted by the city manager until such hearing and adjudication.
(3) 
The hearing shall be held after the date of filing of such appeal. The action and judgment of the city manager, after hearing all the evidence and facts, shall determine whether such revocation shall be final and shall notify the permit holder in writing by mail or by delivery to the permit holder of such determination.
(4) 
The action of the city manager may be appealed to a district court if suit is filed within 20 days after the notice to the permit holder is delivered or mailed. Such appeal shall be based on a substantial evidence review.
(e) 
Reissuance of revoked permit.
A permit that has been revoked shall not be reissued.
(Ordinance 3153, § 1, adopted 8/8/2011)
If the regulatory authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or to protect the overall public health, safety and welfare of the community, then the regulatory authority may seek issuance of a search warrant from the appropriate court.
(Ordinance 3153, § 1, adopted 8/8/2011)
(a) 
Any person, firm, or corporation who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.
(b) 
Any person, firm, or corporation who obstructs, impedes, or interferes with a representative of the city, with a representative of a city department, or with surveillance or video or audio recording equipment utilized by the regulatory authority is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.
(c) 
In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article.
(Ordinance 3153, § 1, adopted 8/8/2011)