[HISTORY: Adopted by the Council of the City
of Rye: Article I, 10-4-1978 by Ord. No. 3-1978 as Art. 7 of Ch. 3
of the General Ordinances. Amendments noted where applicable.]
[Adopted 10-4-1978 by Ord. No. 3-1978 as Art. 7 of Ch. 3
of the General Ordinances]
It shall be unlawful for any person to conduct,
maintain or operate in the City of Rye a residential care facility
providing resident service and twenty-four-hour supervision for mentally,
emotionally, physically or socially disabled persons or for persons
in need of supervision or juvenile delinquents, whether or not supervised
by a state or federal agency, unless the premises wherein the same
is conducted, maintained or operated and the residents and staff of
said premises are registered in the manner prescribed herein.
A.
The certificate of registration prescribed by this
article shall be issued by the City Clerk. Application for such certificate
of registration shall be made on a form containing the following information:
(1)
The nature or type of such community residence for
the disabled, including the class of disabled persons it is intended
to serve.
(2)
The title of the sponsoring agency responsible for
the operation of such community residence.
(3)
The geographical area in which such community residence
is located, including but not limited to street address, municipality,
local school district and health systems agency.
(4)
The number of clients or residents authorized to live
within such community residence.
(5)
The licensing authority of such community residence.
(6)
The staff-client ratio in said home, including the
names, ages and addresses of staff members.
B.
Each certificate shall expire on the 31st day of December.
The issuance of a certificate of registration
may be delayed until the City Manager has caused an inspection of
the premises to be registered to be made by the departments of the
City to determine whether or not said premises comply with all laws
and with the rules and regulations of the Building Department, Police
Department and Fire Department, insofar as the same are applicable
thereto, and any conditions imposed by the Planning Commission.
Every facility registered in accordance with
the provisions of this article shall immediately post such certificate
of registration and keep same posted while in force in a conspicuous
place in the premises mentioned in the application for such certificate.
Within 30 calendar days prior to a change in registration characteristics as stated in certificate of registration, the operator of the facility shall file an application for the issuance of an amended certificate of registration with the City Clerk and shall, upon receipt of an amended certificate of registration, post said certificate in accordance with the provisions of § 153-4 of this article. The issuance of an amended certificate of registration may be delayed if the City Manager has determined that there are violations of a state, county or City law, ordinance or regulation for which the premises has been cited directly affecting the health, safety and welfare of the occupants of the premises or the neighborhood, which violations have not been corrected or cannot be expected to be corrected prior to the anticipate date of the change in staff or residents.
In the event that the City Manager finds that under §§ 153-3 or 153-5 of this article the certificate cannot be expected to be issued in time for the anticipated date of occupancy of the premises stated in the application because of uncorrected violations which would endanger the health, safety and welfare of the occupants of the building or the neighborhood, he shall serve notice upon the owner and other parties of interest in the premises of the anticipated delay, either personally or by certified mail, and describe the nature of the conditions found to exist. The notice shall also contain the time and place at which the owner and other parties of interest will be given an opportunity to propose a schedule of corrective actions, which, if acceptable to the City Manager, will allow the issuance of the certificate of registration, or to submit a written statement acknowledging or denying the violations and their intent to occupy the premises prior to the issuance of a certificate of registration.
