ORD 2005-20 - Title 13 Food Amend Fee Schedule 09-20-2005ORDINANCE 2005 -20
AN ORDINANCE AMENDING TITLE 13 FOOD AND FOOD
ESTABLISHMENTS OF THE HUNTSVILLE, TEXAS
MUNICIPAL CODE AND THE "SCHEDULE OF FEES" TO
INCLUDE PROVISIONS FOR PRE - OPENING INSPECTIONS,
RE- INSPECTIONS WITH ASSOCIATED FEES, CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. Title 13 Food and Food Establishments, Section 13.02.04 Review
of Plans, shall be amended as follows:
Whenever a food establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food establishment,
properly prepared plans and specifications for such construction, remodeling or
conversion shall be submitted to the City for review before work is begun.
Extensive remodeling means that 20% or greater of the area of the food
establishment is to be remodeled. The plans and specifications shall indicate the
proposed layout, equipment arrangement, mechanical plans and construction of
materials of work areas, and the type and model of proposed fixed equipment
and facilities. The plans and specifications will be approved by the City if they
meet the requirements of the rules adopted by this ordinance. The approved
plans and specifications must be followed in construction, remodeling or
conversion.
Failure to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
Upon submittal of the plans, a plan review and pre- opening inspection fee shall
be paid, see "Schedule of Fees ". Whenever the submittal of plans is found to be
unnecessary by the health inspector, the fee shall be paid prior to the pre -
opening inspection.
September 14, 2005 Page 1 of 3
SECTION 2. Title 13 Food and Food Establishments, Section 13.02.05
Suspension of Permit, shall be amended as follows:
The regulatory authority may, without warning, notice, or hearing suspend any
permit to operate a food establishment if the operation of the food establishment
constitutes an imminent hazard to public health. Suspension is effective upon
service of the notice required by Subsection B. of this Section. When a permit is
suspended, food operation shall immediately cease.
Whenever a permit is suspended, the holder of the permit or the person in
charge shall be notified in writing that the permit is, upon service of the notice,
immediately suspended and that an opportunity for a hearing will be provided if
a written request for a hearing is filed with the regulatory authority by the holder
of the permit within ten (10) days. If a request for hearing is submitted to the
regulatory authority, the hearing shall be held within twenty (20) days of the
receipt of the request. If no written request for hearing is filed within ten (10)
days, the suspension is sustained. The regulatory authority may terminate the
suspension at any time if reasons for the suspension no longer exist.
When an annual inspection report indicates a number score of twenty (20) or
above, re-inspection fee must be paid prior to a re-inspection being performed,
see "Schedule of Fees".
SECTION 3. The "Schedule of Fees" shall be amended as follows:
FOOD ESTABLISHMENT PRE-OPENING INSPECTION FEE........ $60.00
FOOD ESTABLISHMENT RE-INSPECTION FEE ........................ $55.00
SECTION 4. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
September 14, 2005 Page 2 of 3
SECTION 5. EFFECTIVE DATE
This ordinance shall be in full force and effect on October 1, 2005.
PASSED AND APPROVED this 20th day of September, 2004.
ATTEST:
Danna Welter, City Secretary
Thomas A. Ce per, City Attorney
September 14, 2005 Page 3 of 3