ADMINISTRATIVE.

Dallas City Code ch. 8A, art. II

in effect

Dallas City Code § 8A-4 LICENSE REQUIRED.

SEC. 8A-4. LICENSE REQUIRED. (a) A person commits an offense if he owns or operates a boarding home facility in the city without a valid license issued under this chapter. A separate license is required for each boarding home facility that a person operates. (b) It is a defense to prosecution under this section if a person operates a boarding home facility while an application under Section 8A-6 is pending. (c) It is a defense to prosecution under this section if a person operates a facility listed in Section 8A-5 of this chapter. (Ord. Nos. 28706; 29753; 32397)

Dallas City Code § 8A-5 EXEMPTIONS.

SEC. 8A-5. EXEMPTIONS. (a) This chapter does not apply to the following: (1) Home and community support services licensed under Chapter 142 of the Texas Health and Safety Code, as amended. (2) Convalescent and nursing homes and related institutions licensed under Chapter 242 of the Texas Health and Safety Code, as amended. (3) Continuing care facilities licensed under Chapter 246 of the Texas Health and Safety Code, as amended. (4) Assisted living facilities licensed under Chapter 247 of the Texas Health and Safety Code, as amended. (5) Intermediate care facilities for the mentally retarded licensed under Chapter 252 of the Texas Health and Safety Code, as amended. (6) A person that provides home health, hospice, or personal assistance services only to persons enrolled in a program funded wholly or partly by a state agency with jurisdiction over mental health and mental disability and monitored by that state agency or its designated local authority in accordance with standards set by that agency. (7) An establishment conducted by or for persons who have a sincere religious belief in providing facilities to care and treat the sick by depending exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules including Sections 8A-22, 8A-23, 8A-24, 8A-27(h), 8A-29, 8A-30, 8A-31, 8A-32, 8A-33, and 8A-34 of this chapter. (8) A hotel as defined by Section 156.001 of the Texas Tax Code, as amended. (9) A retirement community as defined by Section 11.18 of the Texas Tax Code, as amended. (10) A monastery or convent as defined by Section 51A-4.204 of the Dallas Development Code, as amended. (11) A child-care facility as defined by Section 42.002 of the Texas Human Resources Code, as amended. (12) A family violence shelter center as defined by Section 51.002 of the Texas Human Resources Code, as amended. (13) A college dormitory, fraternity, or sorority house as defined by Section 51A-4.209 of the Dallas Development Code, as amended. (14) A facility listed in this section with a pending application for a state license falling within one of the above-listed exemption categories. (b) The director may inspect an establishment described in Subsection (a)(7) for the purpose of ascertaining whether any violations of any safety, sanitary, and quarantine laws and rules, including Sections 8A-22, 8A-23, 8A-24, 8A-27(h), 8A-29, 8A-30, 8A-31, 8A-32, 8A-33, and 8A-34 of this chapter exist. If the director identifies any violation or if the owner, occupant, or person in control of the establishment denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the establishment is not exempt from the application of Sections 8A-4(a), 8A-40, or any other provisions of this chapter. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-6 LICENSE APPLICATION.

SEC. 8A-6. LICENSE APPLICATION. (a) To obtain a license to operate a boarding home facility, a person must submit an application to the director on a form provided for that purpose. The applicant must be the owner or operator of the boarding home facility. If the owner or operator is not an individual, an authorized officer or agent of the owner or operator must file the form. The application must contain the following information and be accompanied by the fee, if any, required under Section 8A-8 of this chapter before it is considered to be complete: (1) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant. The street address may not be the address of the boarding home facility unless the applicant actually resides full-time at the boarding home facility. (2) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and position of the authorized officer or agent filing the form on behalf of the applicant, if the applicant is not an individual. The street address may not be the address of the boarding home facility unless the authorized officer or agent actually resides full-time at the boarding home facility. (3) The form of business of the applicant; the name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of a high managerial agent of the business; and, if the business is a legal entity, such as a corporation or association, a copy of the documents establishing the business. (4) The street address and telephone number of the boarding home facility. (5) The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by Section 8A-17 of this chapter. (6) Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties owed to the city in connection with the boarding home facility or documentary evidence that the applicant is current on a payment plan for any back ad valorem taxes, fees, fines, and penalties owed to the city in connection with the boarding home facility. (7) The names, street addresses, mailing addresses, e-mail addresses, telephone numbers, legible copies of the drivers' licenses or other official state or federal identification cards, and dates of birth of any owners, operators, employees, and volunteers of the boarding home facility other than the applicant. The street address may not be the address of the boarding home facility, unless the owner, operator, or employee actually resides full-time at the boarding home facility. (8) If the owner or operator of the boarding home facility is not also the owner of the property on which the boarding home facility is located, a letter signed by the owner of the property stating that the applicant has permission to operate a boarding home facility on the property and acknowledging the requirements for the property to be used as a boarding home facility as set forth in this chapter. If the owner of the property is an entity, the letter must be on official letterhead and signed by an officer of the entity or other person with the authority to make binding representations on the entity's behalf regarding the use of the property. (9) Criminal history reports for each owner, operator, employee, and volunteer of the boarding home facility showing that they are not disqualified to own, operate, or work at a boarding home facility under Section 8A-37 of this chapter. Such reports must include a current official Texas criminal history report (issued within the preceding 12 months) for each owner, operator, employee, and volunteer of the boarding home facility as well as an official criminal history report issued within the preceding 12 months from all other states in which an owner, operator, employee, or volunteer has resided within the past 10 years. (10) The maximum number of residents that will reside at the boarding home facility. (11) The services to be offered or provided to the residents of the boarding home facility. (12) Proof that the proposed use of the property complies with the Dallas Development Code. (13) If the boarding home facility has one or more residents with a disability, a list of the categories of disabilities of the residents (vision impairment, hearing impairment, mobility impairment, dementia, and other). (14) A sworn certification from the applicant, owner, or operator that the boarding home facility does not have, and will not have, any residents with an addiction to alcohol or a controlled substance, or alternatively, a document that describes the applicant's, owner's, or operator's plan for ensuring that the residents who are addicted to alcohol or a controlled substance, or who are recovering from such an addiction, refrain from using alcohol or the controlled substance, including all rules by which residents must abide, as required by Section 8A-34 of this chapter. (15) A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this section. (16) A survey showing the location and distances of the boarding home facility from other boarding home facilities and group dwelling facilities located within 2,000 feet. For purposes of this paragraph, group dwelling facility includes a group residential facility and handicapped group dwelling unit, as those terms are defined in Section 51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing component of these regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.) (17) Such additional information as the applicant desires to include or that the director deems necessary to aid in the determination of whether the requested license should be granted. (b) If the applicant failed to provide all of the information required by Subsection (a) or to pay the fee required by Section 8A-8 of this chapter, the director shall give the applicant notice in writing by certified mail, return receipt requested, of the application's deficiencies. (c) The application will automatically expire if either the fee or the information requested in Subsection (b) is not provided to the director within 30 days of the date written notice was sent to applicant by the director. (d) The director, at his sole discretion, may extend the 30-day deadline to provide the fee or information requested in Subsection (b). (Ord. Nos. 28706; 29753; 32397)

Dallas City Code § 8A-7 NOTIFICATION OF CHANGE OF INFORMATION.

SEC. 8A-7. NOTIFICATION OF CHANGE OF INFORMATION. The licensee shall notify the director within 10 days after any material change in the information contained in the application for a license to operate a boarding home facility, including any change in ownership or operation of the property, any new criminal convictions or charges brought against a boarding home facility's owners, operators, employees, or volunteers and any new categories of disabilities served by the boarding home facility. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-8 FEES.

SEC. 8A-8. FEES. (a) The fee for a license to operate a boarding home facility is $889. (b) No refund of a license fee will be made. (Ord. Nos. 28706; 29753; 32397; 32556)

Dallas City Code § 8A-9 ISSUANCE AND DENIAL OF LICENSE.

SEC. 8A-9. ISSUANCE AND DENIAL OF LICENSE. (a) Approval. Upon the submission of a complete application, the director shall issue a license to operate a boarding home facility to the applicant if the director determines: (1) the applicant has complied with all requirements for issuance of the license; (2) the applicant, owners, operators, employees, and volunteers of the boarding home facility meet the criminal history qualifications of Section 8A-37 of this chapter; (3) the applicant, owners, operators, or employees of the boarding home facility do not own or operate another licensed boarding home facility in the city for which the license is currently suspended or has been revoked within the past 12 months; (4) the applicant has not made a false statement as to a material matter in the application for a license; (5) the condition and use of the boarding home facility comply with the zoning regulations in the Dallas Development Code, the minimum housing standards in Chapter 27, and the standards in this chapter applicable to the property; (6) the applicant, owners, and operators are not delinquent in any ad valorem taxes, fees, fines, or penalties owed to the city in relation to the property where the boarding home facility is located or have established and are current on a payment plan for any delinquent ad valorem taxes, fees, fines, or penalties owed; and (7) the applicant, owners, and operators of the boarding home facility have not had a license for that boarding home facility revoked within the past 12 months. (b) Denial. The director shall deny the license if: (1) the director determines that the requirements of Subsection (a) have not been met; or (2) the boarding home facility is located within 2,000 feet of another boarding home facility or group dwelling facility. (A) This paragraph does not apply to a boarding home facility licensed before February 22, 2023 and that continuously maintains a boarding home license. (B) For purposes of this paragraph, group dwelling facility includes a group residential facility and handicapped group dwelling unit, as those terms are defined in Section 51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing component of these regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.) (c) Notification. If the director determines that an applicant should be denied a license, the director shall notify the applicant in writing by certified mail, return receipt requested, that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right to appeal. (Ord. Nos. 28706; 29753; 32397)

Dallas City Code § 8A-10 PROHIBITION OF NEW RESIDENTS; SUSPENSION OF LICENSE.

SEC. 8A-10. PROHIBITION OF NEW RESIDENTS; SUSPENSION OF LICENSE. (a) The director may suspend a boarding home facility license for a period not to exceed 90 days if the director finds that: (1) the licensee or employee of the boarding home facility failed to comply with any provision of this chapter, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility; (2) the licensee or employee of the boarding home facility intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this chapter; or (3) the possession, use, or sale of a controlled substance occurs at a boarding home facility. (b) A boarding home facility for which the license has been suspended must provide a list of current residents to the director on the first day of the suspension and may not admit new residents during the time the license is suspended. (c) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter. (d) The director shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal. (e) A licensee whose license is suspended may not be granted a license to operate additional boarding home facilities during the period of suspension. (f) A licensee commits an offense if he operates or owns a boarding home facility that admits new residents during the time that the suspension of the license is in effect. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-11 REVOCATION OF LICENSE.

SEC. 8A-11. REVOCATION OF LICENSE. (a) Except as provided in Subsection (b), the director shall revoke any license issued to operate a boarding home facility if the director determines that: (1) the licensee fails to meet the criminal history qualifications of Section 8A-37 of this chapter or allows an employee or volunteer to work at the facility who fails to meet the criminal history qualifications; (2) the licensee intentionally made a false statement as to a material matter in the application or in a hearing concerning the license; (3) the licensee failed to pay a fee required by this chapter at the time it was due; or (4) a cause for suspension under Section 8A-10 has occurred and the license has already been suspended at least once within the preceding 12 months. (b) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter. (c) Before revoking a license under Subsection (a), the director shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take, if any, to prevent the revocation, and a statement that the licensee has 10 days to comply with the notice. (d) If, after 10 days from the date of the notice required in Subsection (c) was sent or delivered, the licensee has not complied with required actions listed in the notice, the director shall revoke the license and notify the licensee in writing of the revocation by certified mail, return receipt requested. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal. (e) If a boarding home facility license has been revoked, the licensee may not apply for a new license for 12 months from the date of revocation. (f) If a boarding home facility license has been revoked, the licensee has 10 days to relocate residents of the facility and cease operations. (g) If a licensee does not relocate residents of the facility within 10 days of revocation of a boarding home facility license, the director may relocate residents and seek to recover relocation costs from the licensee. (Ord. Nos. 28706; 29753; 32397)

Dallas City Code § 8A-12 APPEALS OF DENIALS, SUSPENSIONS, AND REVOCATIONS.

SEC. 8A-12. APPEALS OF DENIALS, SUSPENSIONS, AND REVOCATIONS. (a) If the director denies issuance or renewal of a license or suspends or revokes a license issued under this chapter, the action is final unless the licensee files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (b) The filing of an appeal stays the action of the director in suspending or revoking a license, or in denying renewal of a license that was valid on the date the application for renewal was submitted, until the permit and license appeal board makes a final decision. (c) A good neighbor agreement may not be appealed. (d) The permit and license appeal board may not impose a good neighbor agreement in connection with an appeal of a suspension or revocation. (e) The permit and license appeal board shall consider the facts as they existed at the time of the license denial, suspension, or revocation in making its decision. (f) The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-13 EXPIRATION AND RENEWAL OF LICENSE.

SEC. 8A-13. EXPIRATION AND RENEWAL OF LICENSE. (a) A license to operate a boarding home facility expires one year after the date of issuance. A pending application for renewal does not extend the expiration date of a previously issued license. (b) A licensee shall apply for renewal at least 30 days before the expiration of the license on a form provided by the director. The licensee shall submit the fee, if any, prescribed by Section 8A-8 of this chapter, supply updated criminal background checks for all owners, operators, employees, and volunteers in accordance with Sections 8A-6(a)(9) and 8A-37 of this chapter, and update information contained in the original license application required under Section 8A-6 of this chapter, or any subsequent renewals under this section, if any of the information has changed. The licensee shall also sign a statement under penalty of perjury affirming that there is either no change in the information contained on the original license application and any subsequent renewal applications, or that the information that has been updated is accurate and complete. (c) The director shall follow the procedures set forth in Section 8A-9 when determining whether to renew a license. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-14 NONTRANSFERABILITY.

SEC. 8A-14. NONTRANSFERABILITY. A license to operate a boarding home facility and a license fee under Section 8A-8 is not transferable to another owner, operator, applicant, or location. (Ord. Nos. 28706; 32397)

Dallas City Code § 8A-15 RECORDS.

SEC. 8A-15. RECORDS. (a) The licensee shall maintain the records listed in Subsection (b) either at the boarding home facility to which the records pertain or at a single location within the city. The licensee shall make those records available for inspection by the director or a peace officer at reasonable times upon request for purposes of administering this chapter. (b) Records that must be maintained by the licensee include, but are not limited to: (1) current records of ownership of the property where the boarding home facility is located; (2) a copy of any current good neighbor agreement as described in Sections 8A-10 and 8A-11; (3) a copy of the boarding home facility's privacy policy, as required by Section 8A-34; (4) records demonstrating compliance with applicable laws and regulations, as required by Section 8A-20; (5) records documenting that each resident has received training on the emergency evacuation plan of the boarding home facility at least two times per calendar year, as required by Section 8A-29; (6) records documenting that each resident was shown how to use all emergency exits from the facility within 24 hours of arrival at the facility, as required by Section 8A-30; (7) records documenting the results of water sample testing if the boarding home facility obtains drinking water from a water well, as required by Section 8A-30; (8) records documenting the initial screening of potential residents and the individualized assessments of residents, as required by Section 8A-34; (9) records documenting whether residents have taken, or been reminded to take, their medication, as required by Section 8A-34; (10) records documenting injuries, incidents, and unusual accidents that involve residents, as required by Section 8A-34; (11) records documenting any allegations of abuse, neglect, or exploitation of a resident, as required by Section 8A-34; (12) financial records for each resident for which the licensee is the representative payee or assists the resident with general money management, as required by Section 8A-34; (13) a copy of the service agreement signed by each current resident, as required by Section 8A-34; (14) records documenting required in-service education of boarding home facility staff; (15) records documenting annual assessment and periodic monitoring of current residents to determine if residents are capable of self-administering medication and completing basic elements of personal care, as required by Section 8A-39; (16) a roll of current residents, including their date of arrival, assigned room, and the name, address, and telephone number of the person or entity that referred them to the facility; (17) a roll of former residents, including their date of departure, and the name, address, and telephone number of the person or entity in control of the residence to which they moved (if known); (18) records documenting any work-related compensation received by each resident, as required by Section 8A-34 of this chapter; and (19) any other records deemed necessary by the director for the administration and enforcement of this chapter. (c) Except as otherwise provided, a licensee shall maintain a record that concerns a resident for three years after the resident no longer resides at the boarding home facility. (d) Except as otherwise provided, a licensee shall maintain a record that does not concern a resident for three years. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-16 POSTING REQUIREMENTS.

SEC. 8A-16. POSTING REQUIREMENTS. The licensee shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following: (1) The license issued under this chapter to operate the boarding home facility. The license must be presented upon request to the director or to a peace officer for examination. (2) A sign prescribed by the director specifying how complaints may be registered with the city. (3) A notice in a form prescribed by the director stating that inspection reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility. The licensee shall redact inspection reports where necessary to protect residents' privacy. (4) A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report. The licensee shall redact inspection reports where necessary to protect residents' privacy. (5) A notice in a form prescribed by the director that lists the name, location, and contact information for: (A) the North Texas Behavioral Health Authority and the closest local public health services agency in the proximity of the facility; and (B) a local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity. (6) Information concerning tenants' rights and responsibilities including a copy of Article V, "Enforcement," of Chapter 8A, "Boarding Home Facilities," of the Dallas City Code, as amended. (Ord. Nos. 28706; 29753; 32397)

Dallas City Code § 8A-17 EMERGENCY RESPONSE INFORMATION.

SEC. 8A-17. EMERGENCY RESPONSE INFORMATION. (a) The licensee shall provide the director with the name, street address, mailing address, e-mail address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week in the event of an emergency condition on the property where the boarding home facility is located. (b) The licensee shall notify the director within five days after any change in the emergency response information. (c) The licensee, or an authorized agent, must arrive at the property within one hour after a contact person named under this section is notified by a city employee or emergency response personnel that an emergency condition has occurred on the property. (Ord. 28706)

Dallas City Code § 8A-18 FAILURE TO PAY AD VALOREM TAXES, FEES, FINES, AND PENALTIES.

SEC. 8A-18. FAILURE TO PAY AD VALOREM TAXES, FEES, FINES, AND PENALTIES. (a) A licensee commits an offense if he allows any ad valorem taxes, fees, fines, or penalties owed to the city in connection with the boarding home facility to become delinquent. (b) It is a defence to prosecution under this section that the licensee diligently entered into a payment plan and makes regular payments in accordance with that plan to pay the delinquent ad valorem taxes, fees, fines, or penalties. (Ord. Nos. 28706; 32397)

Dallas City Code § 8A-19 REASONABLE ACCOMMODATIONS.

SEC. 8A-19. REASONABLE ACCOMMODATIONS. (a) Purpose. The city, pursuant to the Fair Housing Amendments Act of 1988 (“FHAA”) 42 U.S.C. § 3601, et seq., as amended, and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., as amended, intends to ensure that all persons with a disability have an equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this chapter. This section allows a person to seek relief from the enforcement of any regulation contained in this chapter that would result in illegal discrimination against the disabled. (b) Method of submitting a request for a reasonable accommodation; fees; confidentiality. (1) A request for a reasonable accommodation may be submitted at any time that the accommodation may be necessary to ensure equal access to housing. (2) A request for a reasonable accommodation may be submitted by an individual with a disability, the person’s representative, or a licensee providing housing for one or more individuals with disabilities. (3) A request for a reasonable accommodation should be submitted in writing to the director on a form provided by the department, or in the form of a letter. (4) There is no fee for an application requesting a reasonable accommodation. (5) The city will retain any information identified by an applicant as confidential in compliance with applicable law and will not disclose the information unless required by law. (6) If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the application process is accessible to the individual. (c) Application. An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete: (1) The applicant's name, mailing address, street address, telephone number, and e-mail address. (2) The applicant's relation to the individual or individuals with a disability, if applicable. (3) The address of the property to which the requested reasonable accommodation would apply. (4) If the disability is not obvious, information substantiating that the individual who would obtain the benefit of the reasonable accommodation is disabled. (5) The section or sections of this chapter from which a reasonable accommodation is being requested. (6) If the need for the accommodation is not readily apparent, a brief explanation of why the requested accommodation is necessary for the individual or individuals with disabilities to have equal access to housing. (d) Review of application by director; required findings; appeals. (1) Upon receipt of a complete application for a reasonable accommodation, the director shall review the application and issue a written ruling that grants, grants with conditions, or denies the application. (2) Before making a decision, the director may request an inspection of the boarding home facility, its records, and the land on which it is located. If the director makes such a request the applicant must make the property, the facility, and its records available for the inspection within 20 days after the date of the request or the application is automatically denied. If the director deems it necessary to request additional information from the applicant consistent with federal and state law, the director shall contact the applicant in writing and specify the additional information that is required. If the director makes such a request, the applicant shall provide the additional information to the director within 20 days after the date of the request or the application is automatically denied. (3) Before making a decision, the director shall consult with the city attorney and the director of the office of fair housing to determine whether the accommodation should be granted. (4) The director may impose reasonable conditions on any accommodation granted consistent with the purpose of this chapter. (5) The written decision must be consistent with the FHAA and based on a consideration of the following factors: (A) Whether the housing that is the subject of the request will be used by one or more individuals with a disability. (B) Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability. (C) Whether the requested accommodation would impose an undue financial or administrative burden on the city. (D) Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law. (E) The potential impacts of the requested accommodation on the applicant, the other residents of the boarding home facility, and the surrounding neighborhood. (F) Whether a failure to grant an accommodation would result in the property having no economically viable use. (G) Whether there are alternative accommodations that are reasonable and have an equal or less of an impact on the city, the applicant, the other residents of the boarding home facility, and the surrounding neighborhood. (6) The director shall issue a written decision within 30 days of the later of receipt of a completed application, provided that the director is able to issue a decision based on the information provided in the original request; the completed inspection of the property, facility, and its records, as requested by the director; or the director's receipt of all additional information requested. (7) All written decisions must be sent by certified mail, return receipt requested, and explain in detail the basis of the decision and notify the applicant of the right to appeal the director's decision to the permit and license appeal board. (8) If the director denies an application for a reasonable accommodation, the action is final unless the applicant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code as if it were a permit. The permit and license appeal board shall consider the facts as they existed at the time of the director's decision. The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)

Dallas City Code § 8A-20 INSPECTIONS; FEES.

SEC. 8A-20. INSPECTIONS; FEES. (a) Required inspections. (1) A boarding home facility must pass all required inspections. (2) The licensee shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions. (3) The following inspections are required: (A) Licensing inspection. (B) Annual licensing renewal inspection. (C) Annual fire inspection. (D) Annual kitchen inspection for a boarding home facility that provides meal preparation. (E) A gas pipe pressure test performed every three years by the local gas company or a licensed plumber for a boarding home facility that receives natural gas service. (F) Annual inspection of liquefied natural gas systems performed by an inspector certified by the Texas Railroad Commission for a boarding home facility with a liquefied natural gas system. (b) Other inspections. The director may inspect any boarding home facility for the purpose of ascertaining whether violations of this chapter or any other city ordinances exist. The director is authorized at a reasonable time to inspect: (1) the exterior of a structure and the surrounding premises; and (2) the interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained. (c) Consequences of refusal to inspect. If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the director may suspend the license to operate a boarding home facility in accordance with Section 8A-10(a)(2). (d) Reinspections. Whenever a boarding home facility is inspected by the director and a violation of this code is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated. (e) Reinspection fee. The licensee shall pay: (1) to the director of code compliance $150 for each reinspection after the first reinspection by that department that must be conducted before the violation is determined to be eliminated; and (2) to the director of any other city department the fee required (if any) by the applicable code for each reinspection by that department that must be conducted before the violation is determined to be eliminated. (Ord. Nos. 28706; 32556)

Dallas City Code § 8A-21 REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION.

SEC. 8A-21. REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION. Before September 30 of each year, the director shall submit a report to the Texas Health and Human Services Commission. The report must contain the following information: (1) The total number of boarding home facilities licensed by the city during the preceding state fiscal year. (2) The total number of boarding home facility applications for which licenses were denied, including a summary of the causes for denial. (3) The total number of boarding home facility licenses that were active on August 31 of the preceding state fiscal year. (4) The total number of residents housed in each boarding home facility reported. (5) The total number of inspections conducted by the city at each boarding home facility. (6) The total number of licenses suspended or revoked as a result of an inspection. (7) A summary of the outcome for any residents displaced by suspension or revocation of a license. (Ord. 28706)

Dallas City Code § 8A-21.1 WHEN WRITTEN NOTICE IS DEEMED DELIVERED.

SEC. 8A-21.1. WHEN WRITTEN NOTICE IS DEEMED DELIVERED. (a) For purposes of this chapter, written notice is deemed to be delivered: (1) on the date the notice is hand delivered to the applicant or licensee; or (2) three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or licensee at the address provided for the applicant or licensee in the most recent license application. (b) The fact that the notice is returned undelivered or that the return receipt is not signed by the addressee shall not affect the validity of the notice. (Ord. 29753)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-137224Fetched: 10/26/2026