Ordinance No. 11,789ORDINANCE NO. 11,789
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2 -595 "FEES FOR
VARIOUS CITY SERVICES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED
AND ENTITLED SUBSECTION (5) "EMERGENCY MANAGEMENT
SERVICES "; RENUMBERING CHAPTER 22 "CIVIL EMERGENCIES,"
ARTICLE III "POST- DISASTER MANAGEMENT" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO CHAPTER 22 "CIVIL
EMERGENCIES," ARTICLE IV "POST- DISASTER MANAGEMENT" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING
CHAPTER 22 "CIVIL EMERGENCIES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND
ENTITLED ARTICLE III "PRE- DISASTER MANAGEMENT" TO
ESTABLISH REGULATIONS FOR EMERGENCY RESPONSE OF
CUSTODIAL RESIDENTIAL CARE AND LIVING FACILITIES;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2 -595 "Fees for various city services" of the Code of Ordinances, Baytown,
Texas, is hereby amended to add a new subsection to be numbered and entitled subsection (5)
"Emergency Management Services," which subsection shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2 -595. Fees for various city services.
(5)
Emergency management services.
Section 2: That Chapter 22 "Civil Emergencies," Article III "Post- Disaster
Management" of the Code of Ordinances, Baytown, Texas, is hereby renumbered as Chapter 22
"Civil Emergencies," Article IV "Post- Disaster Management' of the Code of Ordinances,
Baytown, Texas.
Section 3: That Chapter 22 "Civil Emergencies" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new article to be numbered and entitled Article III
"Pre- Disaster Management," which article shall read as follows:
Chapter 22. Civil Emergencies
Article III. Pre - Disaster Management
Division 1. Custodial Residential Care and Living Facilities.
Sec. 22 -100. Applicability.
This division applies to all homes, businesses, and facilities that provide assistance,
monitoring, health care, personal care, medical, or psychiatric care to three or more non - familial
persons, residing in such home, business, or facility.
Sec. 22 -101. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Adult day care center means a facility that provides care or supervision for three or more
persons 18 years of age or older who are not related by blood, marriage, or adoption to the owner
or operator of the facility, whether or not the facility is operated for profit or charges for the
services it offers.
All - hazards emergency plan means a plan approved by the coordinator containing at a
minimum the following:
a. a table of contents;
b. a roster of emergency and non - emergency contacts, including 24 -hour available
management and facility maintenance personnel;
C. a hazard threat analysis;
d. a concept of operations, including, but not limited to,
I . direction and control,
2. notification procedures,
3. evacuation procedures,
4. evacuation sheltering locations and procedures,
5. re- entry/return procedures, and
6. shelter -in -place procedures;
e. annual and periodic training and exercises;
f. contracts for emergency supplies, transportation, alternate shelter sites, services,
and equipment;
g. proof of current required federal, state, and local licenses and permits; and
h. other specific information related to the life- safety of the facility, staff, and
residents as required by the coordinator.
Child care center means a facility that provides care, training, education, custody,
treatment, or supervision for persons under 14 years of age who are not related by blood,
marriage, or adoption to the owner or operator of the facility, whether or not the facility is
operated for profit or charges for the services it offers.
Convalescent or nursing home includes both (i) an establishment which furnishes food
and shelter to three or more persons who are not related by blood, marriage, or adoption to the
owner or proprietor of the establishment and, in addition, provides minor treatment under the
direction and supervision of a physician, or services which meet some need beyond the basic
provision of food, shelter, and laundry; and (ii) an establishment conducted by or for the
adherence of any well- recognized church or religious denomination for the purpose of providing
facilities for the care or treatment of the sick who depend exclusively upon prayer or spiritual
means for healing, without the use of any drug or material remedy. This term does not include a
hotel or similar place that furnishes only food and lodging, or either, to its guests, a hospital, or
an establishment that furnishes only baths and massages in addition to food, shelter, and laundry.
Convent means the dwelling units of a religious order or congregation.
Coordinator means that person appointed in accordance with section 22 -63 of this
chapter.
Custodial residential care and living facility means and includes any structure or portion
of a structure where for compensation three or more non - familial persons reside or are housed
overnight for the purpose of medical care, treatment, monitoring, custody, general care, or
assistance. The term includes facilities where persons are admitted, reside, or are kept for
monitoring, assistance, care, custody, or treatments either voluntarily or involuntarily, including,
but not limited to, convalescent or nursing homes, group homes, foster homes, child care centers
and adult day care centers, which centers are capable and equipped for overnight stays, and
hospitals. The term does not include:
(i) a municipal, county, or state jail, state prison, or private correctional facility that
contract with the state department of criminal justice;
(ii) a religious retreat;
(iii) a halfway house;
(iv) a hotel; or
(v) a dormitory.
Dormitory means a structure occupied or designed to be occupied by three or more
students of an accredited post - secondary educational institution, with sleeping accommodations
and common gathering rooms, where such building is directly related to such institution.
Foster home means a facility that provides room, board, and supervision to five or more
persons under 18 years of age who are not related by blood, marriage, or adoption to the owner
or operator of the facility for which reimbursement or fee is received for any one or more of the
children in return for such services.
Group home means a facility in which three or more unrelated individuals reside and
which provides care in a protected living arrangement for underage minors, the mentally and/or
physically impaired, developmentally disabled, or victims of abuse or neglect. This term includes
congregate living facilities for the elderly, maternity homes, emergency shelters during crisis
intervention for victims of crime, abuse or neglect, congregate living facilities of boarding
schools, and residential services licensed by the state commission on alcohol and drug abuse, but
not primarily for criminal rehabilitation.
Halfway house shall mean a facility for the housing, rehabilitation, and training of
persons on probation, parole, or early release from correctional institutions, or other persons
found guilty of criminal offenses wherein residence is limited to no more than 90 calendar days.
Hospital means an institution where sick or injured patients are given medical treatment.
Hotel shall mean a facility in which members of the public may, for consideration, obtain
sleeping accommodations, including without limitation hotels, motels, tourist homes, tourist
houses or courts, lodging houses, inns, rooming houses or other buildings where rooms are
furnished for consideration but not including hospitals, sanitariums, nursing homes or other
facilities where medical, personal, minors, or other care or monitoring or assistance services are
offered or provided.
Religious retreat shall mean a facility operated exclusively for the purpose of prayer,
religious study and meditation. The term shall include a convent.
Sec. 22 -102. Permit.
(a) Required. It shall be unlawful for any person to open, operate, or conduct any business in
a custodial residential care and living facility without a permit issued in accordance with
this division. A new permit must be obtained prior to occupancy, upon change of
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ownership, prior to reopening after a closure of more than thirty (30) days, and prior to
any increase in maximum permissible occupancy.
(b) Term. Any permit issued shall be valid for twelve (12) consecutive months and must be
renewed annually.
(c) Display. The permit required in subsection (a) of this section shall be displayed at all
times at or near the physical entrance to the custodial residential care and living facility in
such a manner that it will be conspicuous to the residents and persons who enter the
premises.
Sec. 22 -103. Application.
(a) Submission. Applications for a permit, whether original or renewal, must be made to the
director of planning and development services by the intended operator of the custodial
residential care and living facility. Application forms shall be supplied by the director of
planning and development services.
(b) Contents. All applications shall include or be accompanied by the following at the time
of submission to the director of planning and development services:
(1) A non - refundable fee as established in section 2 -595 of this code;
(2) The name, business address, and telephone number of the operator of the
custodial residential care and living facility;
(3) The name and location of the custodial residential care and living facility;
(4) The names, titles, and telephone numbers of the following persons associated with
the custodial residential care and living facility:
a. The person submitting the application;
b. The owner of the facility;
c. The operator /manager of the facility;
d. The principal contact for the applicant, owner, and operator;
e. The 24 -hour emergency contact who can initiate appropriate actions in
response to an emergency;
(5) The maximum number of persons who may reside or may be housed overnight for
the purpose of residence, medical care, treatment, monitoring, custody, general
care, or assistance;
(6) The description of the services provided at the custodial residential care and living
facility to persons residing or housed at the facility;
(7) An all- hazards emergency plan; and
(8) Any other information requested by the coordinator.
Sec. 22 -104. Application process.
(a) Completeness review. No application shall be processed until the established fee has
been paid and the application has been deemed complete by the coordinator.
(b) Facility inspection. After determining that the application is complete, the coordinator
together with the director of planning and development services, the director of
engineering, the chief building official, the fire chief, and the director of health, as
applicable, shall conduct plan reviews, site inspections and other research to assess the
facility as to compliance with this code and the all- hazards emergency plan. Thereafter,
the coordinator shall list any issues of non - compliance.
(c) Abandoned application. Applicant shall have thirty (30) calendar days to respond in
writing with corrections or to request an application extension. Failure to respond within
the thirty (30) day period shall constitute an abandoned application, which shall become
null and void.
Sec. 22 -105. Permit issuance; denial; revocation; appeal.
(a) Issuance. Upon receipt of the required fee together with a completed application form
and after the approval of the site plans and satisfactory completion of site inspections, the
director of planning and development services shall issue a custodial residential care and
living facility permit. This permit shall include, but not be limited to, the name of the
owner of the permitted facility, the name and address of the permitted facility, along with
its type and maximum permitted occupancy.
(b) Transferability. A custodial residential care and living facility permit issued under this
division cannot be transferred to another person.
(c) Change of information. If information provided in the application for a custodial
residential care and living facility permit changes at any time during the term of the
permit, the permit holder must notify the coordinator in writing within ten days of the
change. No fee will be assessed for any such change, unless the change requires a review
and approval of the all- hazards emergency plan in which case a non - refundable fee as
established in section 2 -595 of this code will be assessed.
(d) Notice of denial or revocation. If the coordinator determines that a custodial residential
care and living facility permit is not compliant with city requirements and should not be
issued or renewed or that a permit should be revoked, he shall send to the applicant or
permit holder by certified mail, return receipt requested, written notice of his
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determination setting forth the reason therefor and advising the applicant or permit holder
of the right to an appeal.
(e) Notice of appeal. The applicant or permit holder may appeal the decision to deny or
revoke a permit by filing with the city clerk a written request for a hearing, setting forth
the reasons for the appeal, within ten calendar days after receipt of the notice of the
decision to deny or revoke a custodial residential care and living facility permit. If a
request for an appeal hearing is not made within the ten (10) day period, the
determination of the coordinator is final.
(f) Appeal. The appeal shall be heard by the city manager, who shall consider evidence
offered by any interested person. The formal rules of evidence shall not apply at such
hearing. The city manager shall make a decision on the basis of a fair preponderance of
the evidence presented and matters officially noticed at the hearing. The city manager
shall render a decision within thirty (30) days after the appeal hearing. Such decision
shall affirm, reverse, or modify the determination of the coordinator, and the city
manager's decision is final.
Sec. 22 -106. Location regulation.
(a) New facilities. No new custodial residential care and living facility shall be constructed,
moved, located, or opened for occupancy in a 100 -year floodplain or any floodway (tidal
or velocity zone).
(b) Existing facilities. No existing custodial residential care and living facility located in a
100 -year floodplain or any floodway (tidal or velocity zone) shall be permitted to
increase the size or footprint of that facility or to increase the number of occupants over
that initially permitted in accordance with Section 22 -102.
Sec. 22 -107. Violations and penalties.
(a) Notice. If the coordinator finds that any of the provisions of this article are being
violated, the coordinator shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary to correct it. The
coordinator may order the discontinuance of the illegal operation of a custodial
residential care and living facility and take action authorized by this section to ensure
compliance with or to prevent violation of this article.
(b) Offense. A person who fails to comply with the provisions of this division or fails to
execute the approved all- hazards emergency plan as required therein shall, upon
conviction, be guilty of an offense, punishable as provided in section 1 -14 of this code.
(c) Penalty. A person who commits more than one offense of this division within a
consecutive twelve -month period, shall be subject, upon conviction, to the following:
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(1) a fine not less than $200 for a second violation;
(2) a fine not less than $300 for a third violation; and
(3) a fine not less than $400 for each violation thereafter.
(d) Public nuisance. Violation of this article is hereby declared to be a public nuisance,
which may be abated by the coordinator by restraining order, preliminary and permanent
injunction, or other means provided by law.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND N01100 DOLLARS ($500.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The city clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote �f' the City Council of the
City of Baytown, this the 10'' day of November, 2011. 1
DONCARLOS,
ATFEST-
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