Grand Prairie |
Code of Ordinances |
Chapter 13. HEALTH AND SANITATION |
Article V. REGISTERED CHILD CARE HOMES |
§ 13-94. Enforcement section.
The regulatory authority shall have the authority and responsibility to enforce the provisions of this article and the state statutes when applicable regarding child care homes that are hereby adopted.
(a)
Rights of the regulatory authority:
(1)
The regulatory authority shall have the authority to regularly inspect or visit all child care homes embraced within the provisions of this article, whether permitted or unpermitted, at all reasonable times necessary to ascertain if child care 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 homes, pertaining to violation of and/or requirement to comply with the provisions of this article.
(3)
If unpermitted child care homes 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; 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 facility.
(2)
Suspension of the permit shall require the operator to cease all activities immediately and to bring the child care facility into compliance with directives from the regulatory authority within a prescribed time period. Failure to rectify designated problems at the child care facility shall lead to revocation of the permit.
(c)
Authority to revoke permit—Written notice required:
(1)
The regulatory authority shall have the authority to revoke any permit if it is determined that there is failure to comply with the provisions of this article, providing that the following procedure is followed:
a.
The regulatory authority, in writing by certified mail, shall call to the attention of the permittee the particulars and areas in which he/she or the child care facility failed to comply with the provisions of this article, and shall specify a reasonable time, not to exceed one (1) year, by which it is possible that the permittee can remedy said failure.
b.
If the permittee fails to comply with the provisions of this article within the time specified, said director shall give notice in writing to the operator, permittee, manager, or other person(s) in control of said child care facility that the permit issued for the operation of said child care facility is revoked.
(d)
Appeal—Notice required:
(1)
The notice of revocation or denial of a permit shall become a final revocation after the expiration of ten (10) days from the date of service upon the permittee, operator, manager, or other person in charge of the child care facility in question, unless on or before the expiration of ten (10) calendar days the permittee or a duly authorized agent shall file with the regulatory authority a written appeal addressed to the city manager 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 operate as a stay or postponement of the revocation of the permit until such time as the city manager shall grant a hearing and make a final 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 be final and conclusive as to all parties.
(4)
Following revocation of the permit and support thereof by the city manager, the cited operator, manager, or other person(s) shall not be eligible to apply for a child care facility permit for a period of one (1) calendar year.
(Ord. No. 7319, § 1, 12-13-05)