§ 35.8.5. Licenses.

A.

License Required.

It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained, upon any property owned or controlled by such person any Assisted Living Facility, Group Home For Handicapped Persons or Institution within the limits of the City unless such person holds a valid license issued annually by the City Council. All applications for licenses shall be made in writing to the City Council, which shall issue a license upon compliance by the applicant with provisions of this Subchapter. The City Council shall not issue a license unless the applicant is the holder of a valid Certificate of Occupancy, which shall be issued by the Building Official upon compliance with applicable federal, state, and local law. At any time a Certificate of Occupancy is revoked, the license shall be canceled automatically, at the same time, without action by the City Council. Once a license is canceled, the applicant must follow original licensing procedures rather than license renewal procedures. Licenses issued shall expire on December 31 of each year.

B.

Application for Original License.

Application for original license shall be in writing, signed by the applicant, accompanied by the affidavit of the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following:

1.

The name and address of the applicant;

2.

A copy of a valid Certificate of Occupancy;

3.

The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and

4.

A site plan.

C.

Hearing Granted Applicants.

Any person whose application for a license under this Subchapter has been denied may request, in writing, and within ten (10) days of the date the application has been denied, a rehearing, which hearing shall be granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one (1) year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same.

D.

Application for License Renewal and Fee.

Application for renewal of a license along with the required fee shall be made in writing by the Licensee on forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual.

E.

License Fee.

All original license applications or renewals hereof shall be accompanied by a fee periodically established by the City Council. All renewal fees shall be due on the issuance of the renewed license.

F.

Transfer of License and Fee.

Every person holding a license shall give notice and pay the required fee within fifteen (15) days after having sold, transferred, given away or otherwise disposed of any interest in or control of any Assisted Living Facility, Group Home or Institution as required by the Application Criteria Manual. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer, or gift, or other disposition of the interest in or control of the Assisted Living Facility, Group Home, or Institution. The City Council will consider the transfer application not later than the second regularly scheduled City Council meeting occurring after the date a properly completed transfer application is submitted.

G.

Violations; Notice Suspension/Revocation of License.

Whenever the Building Official finds that conditions or practices exist which are in violation of any provisions of this Subchapter he shall give notice in writing to the Permittee or Licensee, or the Permittee's or Licensee's agent, that, unless conditions or practices in violation of this Subchapter are corrected within a reasonable period of time of not less than thirty (30) days nor more than one (1) year, as specified in such notice, the license or Permit shall be suspended or revoked. At the end of the period of time granted for correction, should the conditions or practices not be corrected, the City Council may suspend or revoke the Permit or license and give notice in writing of the suspension or revocation to the Permittee or Licensee, or the Permittee or Licensee's agent, at the address provided in the application. Upon receipt of notice of suspension or revocation, the Permittee or Licensee shall cease operation of the Assisted Living Facility, Group Home, or Institution within ten (10) days after the notice is issued. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and welfare of the citizens of the City.