[1]
Editor's note — AO No. 2021-55(S-1) provides that "Transition measures. Homeless and transient shelters currently operating prior to passage and approval of this ordinance shall be required to obtain a license under Chapter 16.125 in accordance with this section. Within 90 days of the effective date of this ordinance [June 22, 2021] each such operator shall arrange for a pre-application meeting with the director. At the pre-application meeting the operator and director will address the following:
A. The new license application requirements that may be unduly burdensome or impossible for the operator to meet within a reasonable time, and a plan to mitigate the effects of such deficiencies or to amortize compliance over time.
B. Identify the operator's current operations plans that are inconsistent with the published standards, and whether the operator is able to modify its operations to come into compliance or intends to request a variance or waiver.
C. Establish a timeline for coming into compliance and obtaining either a license for permanent use as a shelter or designation for emergency shelter under Chapter 16.120, not to exceed 24 months for the transition."
AO No. 2021-55(S-1) also provides that "The Anchorage Health Department shall report quarterly on the efficacy and implementation of this ordinance by information memorandum to the Assembly, until the last quarter of 2024. In the fourth year after the effective date of this Ordinance [June 22, 2021], the Assembly Committee on Homelessness and Housing shall review the ordinance and its efficacy and propose improvements to the ordinance and its implementation."
The purpose of this chapter is to establish minimum standards of care and operation for homeless shelters in the municipality, enable and maintain data collection and monitoring of the homeless population, to maintain appropriate oversight in order to provide individuals and families experiencing homelessness with the care and services needed, and mitigate impacts of neighboring residents, businesses, property owners and the users of the shelters. The requirements of this chapter are not intended to be overly burdensome on homeless shelter operators. The intent of the assembly is to permit homeless and transient shelters to locate and operate with as much autonomy as is reasonably allowable. This chapter is intended to specifically detail the Municipality's commitments to the success of shelter operations.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
The powers of the department include, but are not limited to:
1. 
Licensing and monitoring for compliance homeless and transient shelters in all areas of the municipality.
2. 
Coordinating and developing policies, programs, and planning related to licensure and operation of homeless and transient shelters regulated by this chapter.
3. 
Publishing and adopting guidance consistent with the provisions of this chapter and supportive to facilitate compliance and the quality of shelter services regulated by this chapter.
4. 
Publishing and adopting rules and regulations reasonable and necessary to carry out the purposes and provisions of this chapter.
5. 
Entering into contracts and agreements necessary to carry out the functions, powers, and duties of the department under this chapter.
6. 
Investigating shelters, applicants, administrators, caregivers, licensees, employees of licensees, individuals associated with licensees, and other persons for compliance with this chapter, including such persons or entities the department reasonably believes are operating a shelter with or without a license or who may be in violation of this chapter.
7. 
Enforcing requirements of this chapter.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
A homeless and transient shelter may not operate within the municipality after January 1, 2023 unless it has obtained the applicable homeless and transient shelter license or provisional license from the municipality for the premises and the license remains in conformity with the provisions of this chapter. Upon approval by the assembly, the director will issue the following homeless and transient shelter licenses under this chapter:
1. 
An overnight shelter license, in accordance with section 16.125.015.
2. 
A day shelter license, in accordance with section 16.125.025.
B. 
Any homeless and transient shelter license issued under this chapter is for three years and renewal shall be for three years thereafter. However, if the license was suspended, subject to a plan of improvement, or the applicant or licensee previously held a shelter license that was revoked, the director may establish a shorter duration for the renewed license.
C. 
The municipality will issue only one overnight homeless shelter or transient license for a single premise. These facilities may also have a day shelter license. Colocated licenses may be submitted on a single application.
D. 
Excluded facilities. The following facilities are not subject to this chapter:
1. 
An assisted living facility, correctional community residential center, or habilitative care facility, as those uses are defined in title 21, section 21.05.030B., unless such facility also operates a homeless or transient shelter colocated on the property.
2. 
An emergency shelter operated for purposes of housing eight or fewer persons or an unspecified number within a familial group, not including on-site residential staff, for purposes of sheltering victims of domestic violence or other crime for the immediate safety and well being of the individual.
3. 
An emergency shelter operating only under authority of chapter 16.120 does not require a homeless and transient shelter license under this chapter. At the request of an operator, the director may determine an emergency shelter's actual operations are in substantial compliance with chapter 16.125 and request the operator to submit a licensure application in accordance with section 16.125.040. If approved for operations under section 16.125.060, the emergency shelter shall also be covered under the remaining portions of this chapter during the time an emergency is deemed to authorize operations under chapter 16.120.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
An overnight homeless and transient shelter means a facility designed to provide minimum necessities of life on a limited, short-term basis for individuals and families during periods of dislocation or emergency pending formulation of longer-term planning. Facility elements may include providing the physical care required, including shelter, food, necessary medical and clothing needs, directly or by referral to appropriate agency; and planning for a more permanent solution to the problem, including contact with community resources for housing and employment.
B. 
Overnight shelters may have minimum requirements for handling behavioral and medical needs of the clients. Admission to a person may be denied only for good cause. Compliance with basic behavioral standards of conduct may be required.
C. 
An overnight shelter facility may provide day time services at the same facility consistent with the definition of a day shelter without a separate application and approval of a day shelter license.
D. 
In addition to the other operating standards of this chapter, a homeless and transient shelter shall have:
1. 
A security plan for handling incidents of assault or other physical violence.
2. 
A plan for screening persons to determine if they are under the influence of alcohol or controlled substances, and a plan to provide for their immediate needs if the shelter will admit such persons.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A day shelter is a social services facility primarily engaged in providing services or activities to advance the welfare of individuals experiencing homelessness and others in need, such as food or clothing distribution, job or life skills counseling or training, connections and on-site engagement with appropriate social services and public assistance providers, planning for more permanent housing and employment, and the like. A day shelter may provide for basic medical care to the clients otherwise being served by the facility, such as first aid. A day shelter facility may not provide overnight accommodation unless it is colocated with an overnight shelter and meets requirements of this chapter. If a day shelter is colocated with or on a site adjacent to a licensed overnight shelter, the application shall include an operating agreement between the shelter types describing how they will coordinate services.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
Each licensee of a homeless and transient shelter licensed under this chapter shall post the license in a conspicuous place at or near the entrance to such shelter so that it may be easily read at any time.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
The municipality will issue each homeless and transient shelter license for a specific location identified on the license as the licensed premises. A homeless and transient shelter must have a right to possession of its licensed premises at all times, and may lease its licensed premises to another person or entity for related provision of services. Modifications to the size of a licensed premises are allowed in accordance with this chapter and title 21.
B. 
The municipality will not issue a homeless and transient shelter license:
1. 
For premises which do not meet the requirements of title 21. Designated emergency shelters under chapter 16.120 must meet the requirements of title 21 exclusive of their emergency shelter designation in order to receive a license.
2. 
To any person(s) if the applicant, or any individual on the application as a licensee, or any managing member of the applicant, has been convicted of a barrier crime pursuant to 7 AAC 10.905, unless granted a waiver by the director.
3. 
To a person not qualified to do business in Alaska.
C. 
The director or the assembly may impose conditions or restrictions on a license issued under this chapter in addition to those in this chapter should they find that it is in the interests of the public to do so.
D. 
The holder of a homeless and transient shelter license that ceases to operate the shelter under that license for more than six months shall surrender the license to the director or designee within ten days.
E. 
A license under this chapter must be surrendered to the director or designee.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
An applicant for any new homeless and transient shelter license must submit to the director a municipal homeless and transient shelter license application, on a form prescribed by the director, and which shall provide all information necessary to ensure that the applicant complies with the standards in this chapter. However, if the applicant is also required to apply for a land use permit then the application shall be submitted to the planning department. Required information includes, but is not limited to:
1. 
The name, address, telephone number, and principal occupation of the applicant and any other person who will be directly managing the shelter;
2. 
The name, address, and telephone number of the shelter;
3. 
If the applicant is not the owner of record of the real property proposed for the licensed premises, the name and address of the owner of the real property upon which the homeless and transient shelter is, or will be, located and a letter authorizing use of the property for a transient or homeless shelter. If the proposed premises are in a building or structure owned by a person other than the owner of the underlying real property, only the authorization of the building or structure owner is required;
4. 
Attested copies of any articles of incorporation, bylaws, operating agreement, partnership agreement, or articles of association that govern the entity, if any, that will own and operate the homeless and transient shelter;
5. 
The name of the community council area in which the proposed licensed premises is to be located;
6. 
A sworn statement from the applicant that the premises are in compliance with the Anchorage Municipal Code and a sworn statement that the applicant will, in the conduct and operation of the homeless and transient shelter, comply with all applicable laws;
7. 
A criminal background check in accordance with section 16.125.050 on the applicant, any individual on the application as a licensee, or any managing member of the applicant. A sworn statement attesting that the applicant, any individual on the application as a licensee, or any managing member of the applicant has no convictions for a barrier crime in the ten years preceding the application date or disclosing such convictions;
8. 
If the applicant has ever had a license or permit for providing a shelter or group living facility revoked or suspended in this or any other jurisdiction, and the reasons therefore;
9. 
A sworn statement that the applicant owes no past-due taxes, fees, or fines to the municipality;
10. 
A copy of the rules of conduct, policies and procedures, and operating plan for the shelter, including, but not limited to, support services to be provided, projected staffing level, trespass and admission denial criteria, client feedback collection methods, and the proposed maximum stay;
11. 
A copy of a good neighbor policy that details the applicant's plan for community communication, minimizing neighborhood impacts, including policing of trash and loitering on or near the premises.
12. 
Evidence of a conditional use permit for the premises or that the shelter is permitted to operate at the proposed site as applicable under title 21.
13. 
A profile description of the targeted population that will be served at the shelter;
14. 
Proof of any other business or food license needed to operate the homeless and transient shelter as proposed;
15. 
Proof of insurance for the premises and the business, in compliance with AMC section 16.125.075;
16. 
Such other relevant information as the director may require; and
17. 
An oath or affirmation that the information provided on the application is true.
B. 
The applicant carries the burden of proof to show the required qualifications for a homeless and transient shelter license are met.
C. 
When the director receives an application for a homeless and transient shelter license, within 30 days the director shall determine if the application is complete. If the director determines the application is complete, the municipality shall, as soon as is practicable, give written notice to the applicant and shall provide for mailed, posted, published, and community council notice in the manner required by AMC section 21.03.020H. When a land use permit is not required due to a current permit in place or nonconforming rights, notice is still required and references to the director shall be to the health department director.
D. 
If an application for a homeless and transient shelter license is incomplete, the director shall notify the applicant by electronic mail at the address provided by the applicant, and:
1. 
Return an incomplete application in its entirety to the applicant; or
2. 
Request the applicant to provide additional identified items needed to complete the application.
E. 
When the director informs an applicant that its application is incomplete, as provided in subsection D, the applicant must complete the application not later than 90 days after the date of the director's notice. If an applicant fails to complete its application during the 90-day period after the director's notice, the applicant must file a new application.
F. 
An applicant that maintains an accreditation for its shelter shall disclose that on its application and identify the accrediting institution. The director shall review the accreditation requirements and standards, and the applicant's accreditation application approved by the accrediting institution.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
Application for a renewal of a license shall be made at least 90 days, but not before 150 days, before the expiration of the current license. Renewal applications filed after that time period are delinquent and subject the homeless and transient shelter to potential closure pending approval of the application.
B. 
Within 90 days prior to the expiration of the license, it shall be the responsibility of the licensee to arrange for inspection of the licensed premises for compliance with all applicable codes by the department.
1. 
If, during the inspection of the homeless and transient shelter, deficiencies are identified, such deficiencies will be submitted to the licensee. Identified deficiencies shall be corrected and the licensed premises reinspected at least five days prior to the date upon which the license expires. If the required repairs are not completed at the time of reinspection, the license may be subject to suspension or revocation under section 16.125.090.
C. 
A homeless and transient shelter renewal application must include:
1. 
Identification of the license sought to be renewed by license number, license type, shelter name, and premises address;
2. 
An update to the information required for a municipal license under AMC section 16.125.040;
3. 
A report for each licensee:
a. 
A criminal background check issued within the past 60 days for the applicant, any individual on the application as a licensee, and, the applicant's partners;
b. 
Any criminal charge on which the persons above have been convicted in the current and previous three calendar years; and
c. 
Any civil violation of this chapter in the current and previous three calendar years;
4. 
A declaration under penalty of unsworn falsification that:
a. 
The application is true, correct, and complete;
b. 
The applicant has read and is familiar with chapter 16.125 and any relevant state law; and
c. 
The applicant will provide all information the director requires in support of the renewal application;
5. 
The scheduled date for inspection of the licensed premises; and
6. 
Any other information required by the director.
D. 
If the director determines that the renewal application is complete, the director shall give notice, as soon as practicable, of a renewal application to:
1. 
The applicant;
2. 
The community council in which the licensed premises is located.
E. 
On or before 150 days before license expiration, the director shall deliver a renewal notice and application to each licensed homeless and transient shelter unless the homeless and transient shelter has notified the director that it does not intend to seek a renewal of its license. A homeless and transient shelter is not excused from filing a license renewal application later than 90 days before license expiration even if the homeless and transient shelter does not receive notice of expiration described in this section.
F. 
If the renewal application is not tendered in a timely fashion, the municipality may serve notice to the licensee that the failure to submit the renewal application within ten business days may be deemed an abandonment of the license, and the director may order the shelter to cease accepting individuals within seven days after such abandonment. Service of the notice under this subsection shall be deemed complete upon certified mailing, return receipt requested, or personal delivery. A licensee that fails to file a renewal 90 days after the due date and was not granted an extension by the director prior to that shall not be permitted to operate.
G. 
The director may offer the licensee an extension and a notice to participate in a plan of improvement with a due date to respond.
H. 
Nothing in this section supersedes any proceeding to suspend or revoke a license.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A criminal history and background check required by this chapter must be provided in compliance with this section. The requirement may be met by providing the results and report of either a fingerprint based criminal background check from the Alaska Department of Public Safety, or a third-party primary source locator background check.
A. 
A fingerprint based criminal background check obtained through the Alaska Department of Public Safety, which shall:
1. 
Include processing through the Alaska automated fingerprint system;
2. 
Include a national criminal history record check and review of the United States Department of Justice National Sex Offender database;
3. 
Be processed by the Alaska Department of Public Safety with the applicant to pay all fees requested for Federal Bureau of Investigation processing of fingerprints, and processing of information requests including fees for contacting other jurisdictions to determine the disposition of an out-of-state arrest or to clarify the nature of an out-of-state conviction; and
4. 
Have been produced less than 60 days from submission to the director and not be altered or marked by any person other than authorized employees or agents of the Alaska Department of Public Safety or the municipality, except that any sealed records or reports of the same shall be excluded from the submission.
B. 
A third-party primary source locator background check shall be local and national in scope and review:
1. 
A multi-state or multi-jurisdiction criminal records locator or a similar commercial nationwide database with validation; and
2. 
The United States Department of Justice National Sex Offender Public Website;
C. 
The director may require additional information, including, but not limited to, the date, location, and nature of any crime of conviction that appears in the criminal history and background check report.
D. 
The director shall review requests for a waiver of the prohibition on barrier crimes restriction submitted to the department. The director may approve a waiver if the director determines the person for whom the waiver is requested demonstrated sufficient rehabilitation or recovery since the conviction, the risk of harm from the waiver applicant to clients or others is sufficiently mitigated, and the director is satisfied client safety is not compromised by granting the waiver. A waiver application may include supporting statements and recommendations from persons familiar with the applicant, proof of completion of a program of rehabilitation or counseling, and any other information supporting the waiver. An appeal from a decision of the director on a variance application shall be afforded in accordance with section 16.125.090.
E. 
The director may grant a waiver or variance from the requirements of this section pursuant to section 16.125.070, if satisfied the applicant or licensee demonstrates it has an appropriate alternate method of ensuring safe operations.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
The department shall complete its review and make a decision on approval or denial of the application within 90 days. If it cannot be completed within this time, the director shall issue a provisional license to the applicant allowing it to commence operations. A provisional license may only be modified for good cause.
B. 
The department shall issue a license to the applicant if the department finds, after inspection and investigation:
1. 
The shelter facility and premises, together with the operating plan demonstrate the shelter complies with the requirements and procedures of this chapter, including background checks or waivers;
2. 
The operating plan demonstrates the facility is appropriate for the intended use and clients to be served;
3. 
The applicant has paid all applicable fees; and
4. 
The shelter complies with other applicable local, state, and federal laws and regulations.
C. 
If the department determines the applicant cannot meet the requirements of this chapter or of other applicable law, the department shall deny the application and inform the applicant in writing of the reasons for denial. The department shall deny the application if:
1. 
The applicant, any individual on the application as a licensee, or any managing member of the applicant, was convicted of a barrier crime within the barrier time period and the director has not approved a waiver.
2. 
The application does not demonstrate the shelter can protect the safety and well being of clients in its care, or maintain the minimum standards of care, health and safety required under this chapter for the duration of the license term.
3. 
The applicant does not demonstrate the shelter can mitigate impacts on neighboring residents, businesses, and property owners.
D. 
Notwithstanding the remainder of this section, where the director determines that the interest of the public would be best served thereby, a conditional approval of the license may be granted, pending compliance with specified requirements within a specified reasonable period of time. Noncompliance within the time specified may result in denial, or, if the director determines the applicant can meet the requirements of this chapter with modifications or corrective measures in the application, in placing the applicant under a plan of improvement under section 16.125.090.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
The department shall publish guidance to assist licensees to comply with the standards that shall govern the operations of homeless and transient shelters.
1. 
The published guidance shall be reviewed not less than every two years utilizing a process that includes inviting input from stakeholders, community councils, homeless and transient shelter providers and their clients, and through additional community outreach.
2. 
The guidance shall complement and coordinate with the federal HUD approved continuum of care written standards.
3. 
After the review process is complete the department shall submit a report to the assembly describing the process and providing the published guidance.
B. 
Minimum operations and habitability standards. Homeless and transient shelters shall be subject to the following operations and habitability standards. In the case of a conflict between standards below or between these and other standards or requirements of this code, the more restrictive or stringent standard shall apply.
1. 
A shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from state and municipal agencies or departments as applicable to the shelter's use, building(s), and operations. An emergency shelter shall comply with all state and local health and safety requirements for food, medical, and other supportive services provided on-site.
2. 
The minimum standards for emergency shelters for safety, sanitation, and privacy promulgated by the U.S. Department of Housing and Urban Development (24 C.F.R. 576.403(b) as it existed on [insert effective date of ordinance] and subsequent amendments thereto) ("ESG Standards") are adopted and incorporated by reference except as supplemented or modified in this chapter, including:
a. 
Structure and materials. Exempt from the ESG Standards the requirement to use Energy Star and Water Sense products and appliances in any renovation.
b. 
Food preparation. Food preparation shall be in accordance with the Anchorage Food Code, chapter 16.60.
3. 
Written policies for client rights and conduct.
4. 
A policy and procedure for ensuring the safety of clients, staff, volunteers and visitors. The procedures may include performing a criminal background checks, having codes of conduct and plans for staff, volunteer and visitor supervision.
5. 
Policies and practices that deter and reduce client loitering and prohibited camping in parks and public spaces and other impacts on neighboring residents, businesses, and property owners.
6. 
An overnight shelter shall participate in the municipality's coordinated entry system.
7. 
A day shelter shall have protocols and a cooperation agreement with one or more overnight shelter(s) for referral and to a plan to facilitate transportation of clients between the facilities. If a day shelter is colocated with an overnight shelter, the operations plan shall describe the separate daytime and nighttime operations and management of the transition of space and personnel.
8. 
A day shelter shall not provide its services between 9:00 p.m. and 7:00 a.m.
C. 
Data collection. Each licensed homeless and transient shelter shall collect and submit data compatible with the homeless management information systems used in the municipality as determined by the department. The department may publish guidelines describing technical standards for compatibility and resources for technical assistance.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
Shelter commitment.
1. 
Each shelter shall have a "Good Neighbor Policy" that outlines its commitment and policies to reduce impacts on surrounding areas by its operations, loitering of its clients, trash and litter, and other activities.
B. 
Municipality of Anchorage commitment.
1. 
No tolerance for unlawful loitering, soliciting in streets or roadways, or unauthorized camping within one-half mile of a licensed overnight or day shelter. Municipal law and code enforcement shall support this commitment as resources allow, subject to federal, state and local law.
2. 
Resources and technical assistance may be provided by the municipality based on location and site-specific needs.
(AO No. 2021-55(S-1), § 1, 6-22-2021; AO No. 2024-55(S), § 2, 5-21-2024)
A. 
A homeless and transient shelter may apply to the director for a variance or waiver from the standards and requirements of this chapter.
B. 
The department may waive a provision of this chapter if it determines that the health and protection of the public and the satisfaction of the purpose of the provision is reasonably assured and the requirements of applicable state and federal law are satisfied.
C. 
An application for a waiver shall be made in writing to the department and shall include:
1. 
Identification of the Code requirement for which the waiver is requested;
2. 
Reasons why the provision cannot be met or would create an undue hardship; and
3. 
A description of the alternative method proposed for meeting the purpose of the provision for which the waiver is being requested.
D. 
For waivers from the background checks and barrier crime requirements, see section 16.125.050D.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
A homeless and transient shelter shall maintain insurance coverage at all times as required by this section. It is unlawful to provide shelter services regulated by this chapter without the required insurance coverage in effect.
B. 
A homeless and transient shelter shall maintain comprehensive general liability insurance, including transportation coverage, if applicable, with a company authorized to write insurance policies in the State of Alaska,
1. 
In an amount not less than $500,000.00 per occurrence, and $500,000.00 aggregate, for a facility licensed for nine through forty clients; or
2. 
$1,000,000.00 per occurrence, and $2,000,000.00 aggregate, for a center licensed for 41 or more clients.
C. 
The insurance policies required by this section shall contain a clause obligating the insurer or surety to give the director written notice no less than 30 days before the cancellation, expiration, nonrenewal, lapse, or other termination of such insurance. A lapse, cancellation, expiration, nonrenewal, or termination of insurance coverage shall automatically require the licensee to cease operations and services for so long as the insurance required by this section is not in effect. The insurance policy shall list as a certificate holder:
Municipality of Anchorage
Anchorage Health Department
P.O. Box 196650
Anchorage, Alaska 99519
D. 
Verification of the insurance policies. The shelter shall provide written proof of a policy required by this section with the initial application, whenever the policy is renewed, and when the shelter's license from the municipality is renewed.
E. 
A shelter that has insurance expire, lapse or otherwise terminate while it was continuing to provide shelter or day services shall be subject to plan of improvement under section 16.125.090, or to closure by order of the director.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
Discounted development fees. Upon approval of the director, a shelter with a completed application and undergoing construction, reconstruction, renovation or redevelopment according to plans approved by the planning department or development services department as applicable, may have fees for permits, inspections, and other development services discounted by up to 25 percent.
B. 
Duty to keep information current. It shall be the responsibility of the licensee to file with the director a notice of any change in the address or phone number of the licensee and the shelter from the information provided in a new or renewal license application, or from a previous notice of change, within 15 days of such change.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
The department shall provide the assembly a report of notices of violations and other enforcement action taken under the published standards and this chapter not less than quarterly.
1. 
The assembly may request a public hearing and review of any licensee that has repeated violations under this chapter.
2. 
After public hearing and review, the assembly may impose other conditions or restrictions on a license issued under this chapter when it finds that it is in the interests of the public to do so.
3. 
The department will implement a process for performance improvement when a licensee is found to have repeated violations under this chapter and process will be detailed in the department's published standards up to revocation. A decision to revoke a license may be appealed to the assembly.
(AO No. 2021-55(S-1), § 1, 6-22-2021)
A. 
Inspections. The director or designee shall have the authority, upon showing proper credentials and at reasonable times, to enter upon any and all parts of the premises in a homeless or transient shelter to examine and investigate its sanitary condition and to determine whether any provisions of this chapter are being violated. Refusal to allow inspections may be grounds for license suspension.
B. 
Compliance notice; plan of improvement.
1. 
If the department has reasonable cause to believe that a violation of an applicable provision of this chapter, statute or regulation has occurred, the department shall provide a compliance notice to the licensee of the violation(s) and an opportunity to cure the violation within a reasonable time specified by the department. The notice must include a description of the violation(s), statement that the licensee may submit a written response to the report, any department requirement that the licensee submit a written response to the report, a description of any subsequent enforcement action the department intends to take. The compliance notice may require the licensee to be subject to a plan of improvement.
2. 
If the department requires the licensee to be subject to a plan of improvement, the licensee shall submit a plan for corrective actions to the department within the time specified in the compliance notice. The department may accept the corrective action plan and inspect the shelter to verify the violations have been cured, or may serve the licensee with a plan of improvement describing the corrective actions the licensee is required to take, changes to its policies and procedures, and other requirements of the licensee to satisfy the plan. The licensee shall cooperate with the department for follow up inspections and plan requirements. The department may release the licensee from a plan of improvement upon satisfactory completion of its requirements and curing the violations in the compliance notice. The department may, at any time, for violations identified on a compliance notice or during the course of oversight under a plan of improvement, issue a notice of violation, or commence a license suspension or revocation action. The licensee may appeal to the director in writing to be released from a plan of improvement, such appeal hearing before the director shall be conducted under chapter 3.60.
C. 
Notice of violation. If it is determined at any time that the requirements of this chapter have been violated, the department shall notify the licensee of the violations by means of an inspection report form or other written notice. This written notice shall set forth the specific violations, establish a reasonable period of time for correction of the violations and state that failure to comply with any notice issued in conformance with the provisions of this chapter will subject the licensee to fines, and that repeated violations may result in suspension or revocation of the license. Violations of the provisions of this chapter subject the violator to a civil penalty as set forth in section 14.60.030, or, if no penalty is included in section 14.60.030, a civil fine not to exceed $300.00. Appeals of a notice of violation imposing fines are made to the administrative hearing officer. At any time the department may suspend the fines, and offer a plan of improvement to the licensee. The suspension of fines shall be conditioned on participation in, or completion of conditions in, a plan of improvement as determined by the department.
D. 
Service of notice of violation. Notices provided for under this section shall be properly served when delivered personally to the licensee or to the person in charge on the premises, or when sent by registered or certified mail, return receipt requested, to the last known address of the licensee. A copy of such notice shall be filed with the department.
E. 
Suspension or revocation of license. The decision to suspend or revoke a license shall be made following an administrative hearing open to the public conducted in accordance with this section and chapter 3.60. Revocation, rather than suspension, may be ordered when the violations found to exist are either numerous, repetitive of previous violations of the same or other provisions of this chapter, or of such a nature as to pose a serious threat to the health or well-being of the shelter clients or other persons or property. The department may initiate a license suspension or revocation action by filing an accusation with the administrative hearing office authorized under title 14, and serving it on the licensee. After conducting a hearing under chapter 3.60, the administrative hearing officer shall prepare written findings of fact, conclusions of law, and a recommended decision. These shall be attached to an assembly resolution forwarded to the municipal clerk for action by the assembly at its next regular meeting more than 15 days after the date of the administrative hearing officer's recommended decision is issued. The assembly shall make a final decision by adoption of a resolution, which shall be forwarded by the municipal clerk to the parties and department with a statement indicating it is a final appealable decision and that the licensee has 30 days to appeal pursuant to section 3.60.080.
F. 
Immediate suspension of license. If violations of this chapter or applicable law pose an immediate threat to the health or well-being of persons or property, the director may suspend a license pending the conduct of an administrative hearing open to the public or suspension or revocation, provided, however, the immediate suspension shall expire if the department does not serve an accusation and file it with the administrative hearing office within ten days of the date of suspension.
G. 
Authority to prescribe additional regulations. The director shall enforce the provisions of this chapter and shall promulgate and enforce rules and regulations upon due notice, as the director deems necessary, to carry out the intent of this chapter. Such rules and regulations shall, upon approval of the assembly, become a part of and subject to the provisions of this chapter.
H. 
Appeals from a decision of the director on a variance application shall be to the administrative hearing officer under the procedures of chapter 3.60.
(AO No. 2021-55(S-1), § 1, 6-22-2021)