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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