El Paso City Code § 9.12.820 Responsibility of the director of public health.
9.12.820 - Responsibility of the director of public health.
The director shall be responsible for enforcement of this chapter.
(Ord. 17162, § 1, 8-11-2009)
Enforcement
El Paso City Code tit. 9, ch. 9.12, art. XI
in effectEl Paso City Code § 9.12.830 Inspection—Frequency.
9.12.830 - Inspection—Frequency.
A. The director shall conduct inspections of establishments located within the jurisdiction of the city, as often as are reasonably necessary for proper enforcement of this chapter, including, but not limited to compliance with Subsection 9.12.080D.
B. Re-inspection of an establishment is conducted when a failing score is received or an imminent health hazard exists.
(Ord. 17162, § 1, 8-11-2009)
El Paso City Code § 9.12.840 Inspection—Access.
9.12.840 - Inspection—Access.
Whenever necessary to inspect, to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes food handled therein unsafe, dangerous or hazardous, the director or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the director by this chapter; provided, that if such building or premises be occupied, the director shall first present proper credentials and request entry; and if such building or premises be unoccupied, first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry.
When the director first obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the director for the purpose of inspection and examination pursuant to this chapter.
This inspection and examination shall include the establishment's records pertaining to employees and to food and supplies purchased, used and on hand. Food handler and food protection management certificates will be verified against work schedules or time sheets.
(Ord. 17162, § 1, 8-11-2009; Ord. No. 17649, § 16, 9-20-2011)
El Paso City Code § 9.12.850 Inspection—Form—Public disclosure of findings.
9.12.850 - Inspection—Form—Public disclosure of findings.
The director shall record the findings of the inspection on an inspection form. A copy of the completed inspection form shall be furnished to the owner, manager or person in charge of the establishment at the time of inspection. The completed inspection form is a public document and shall be made available for public disclosure to any person who requests it according to law.
(Ord. 17162, § 1, 8-11-2009)
El Paso City Code § 9.12.860 Violation—Correction—Time limits.
9.12.860 - Violation—Correction—Time limits.
The completed inspection form shall specify a reasonable period of time for the correction of the violations found; the correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
A. If imminent health hazards exist the establishment shall immediately cease food operations. Operations shall not be resumed until it is shown on a re-inspection that conditions responsible for the order to cease operations no longer exist.
B. In the case of temporary, seasonal or recurrent establishments, all violations shall be corrected as soon as possible, not to exceed twenty-four hours. If violations are not corrected within twenty-four hours, the establishment shall immediately cease food operations until authorized to resume by the director.
C. The inspection form shall state that failure to comply with any time limits for corrections may result in suspension or revocation of permit and license, or in cessation of food activities, and that any violation of the provisions of this chapter shall constitute a misdemeanor and be punished by a fine not to exceed two thousand dollars.
D. The inspection form shall state that the person receiving notice of suspension or revocation of permit and license, or a notice of cessation of food activities, or a notice of violation of this chapter may appeal by following the procedure provided in Section 9.12.100.
E. An establishment within the city that is licensed, permitted and supervised by the United States Department of Agriculture or by the Texas Department of State Health Services is exempt from in-plant inspections under this chapter; however, such establishments are subject to permit, license, food protection management certificate and food handler certificate requirements. All food product, not on the premises, is subject to applicable requirements of this chapter.
(Ord. 17162, § 1, 8-11-2009; Ord. No. 17649, § 17, 9-20-2011)
El Paso City Code § 9.12.870 Violation—Citation issuance.
9.12.870 - Violation—Citation issuance.
The director shall have the power to issue misdemeanor citations to any person violating any provisions of this chapter.
(Ord. 17162, § 1, 8-11-2009)
El Paso City Code § 9.12.875 Violation—Owners and managers.
9.12.875 - Violation—Owners and managers.
A person commits an offense if he or she is an owner or manager of an establishment or identifies himself as an owner or manager of an establishment, and:
A. Permits an individual who does not have a current valid food handler certificate to work in or for the establishment as a food handler for more than thirty days;
B. Permits an individual who does not have a current valid food handler certificate to work in or for the establishment as a food protection management person for more than sixty days; or
C. The person or his employees violate the provisions of Section 9.12.800, mobile establishments.
(Ord. 17162, § 1, 8-11-2009; Ord. No. 17649, § 18, 9-20-2011)
El Paso City Code § 9.12.880 Food examination and condemnation.
9.12.880 - Food examination and condemnation.
A. If the director discovers food for which there is probable cause to believe is in violation of this chapter, a written hold order shall be placed on such food. The director shall tag, label or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served or moved from the establishment. The director shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.
B. A person who has been served with a hold order or destruction order may appeal the director's action to the city manager as provided herein. Within three business days of taking such action, the director shall prepare a report indicating the reasons for the hold order or destruction order, and shall provide a copy to the person to whom the hold order has been issued. The director's decision is final unless within three calendar days from the date of receiving the director's report, the person to whom a hold order has been issued files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report. The hold order or destruction order shall state that a request for a hearing shall be filed by written notice to the city manager or his designated deputy city manager within three days of the report and that if no appeal is requested, the food shall be destroyed. If a request for an appeal is received, the appeal shall be held within five days after receipt of the request.
C. The city manager or his designated deputy city manager shall review the director's report and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within seven business days after the appeal has been filed.
D. The city manager or designee shall sustain, reverse or modify the action of the director and shall notify the appellant of his decision in writing. Where necessary, the city manager or designee shall determine to vacate the destruction order or direct the person to destroy such food, which shall constitute the ruling on the appeal and which shall be done within seven days after the appeal has been filed. The decision of the city manager or designee is final.
E. If the food under hold order or destruction order can be brought into compliance with the provisions of this chapter, the director shall allow the food to be used, served or moved from the establishment.
(Ord. 17162, § 1, 8-11-2009)
El Paso City Code § 9.12.890 Violation—Penalty.
9.12.890 - Violation—Penalty.
A. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not to exceed two thousand dollars, and if such violation continues, each day's violation shall constitute a separate offense. In addition to any penalties provided for herein, this chapter is enforceable by injunction.
(Ord. 17162, § 1, 8-11-2009)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.12FOFOHAES_ARTXIENFetched: 10/28/2026