The URL can be used to link to this page

Home My WebLink About025398 ORD - 07/22/2003AMENDING THE COE ESTABLISH HEALTH HANDLER AND FOOD DAY CARE FACILITY I TRANSMITTED DISEA: SEXUALLY TRANSMIT $5.00 TO $10.00; FOOl $50.00, FOSTER FAMIL CERTIFICATE COVER VERIFICATION FOR AMENDING SECTION SAMPLE LAB TESTS;F 2003, PROVIDING PUBLICATION; AND DE ORDINANCE E OF ORDINANCES TO INCREASE AND :)EPARTMENT FEES AS FOLLOWS: FOOD MANAGER'S PERMIT FROM $6.00 TO $7.00; NSPECTION FROM $35 TO $50; SEXUALLY ~E CLINIC VISIT FROM $5.00 TO $15.00; rED DISEASE CLINIC BLOOD TEST FROM ) SERVICE PERMIT REINSPECTION FEE OF Y HOME INSPECTION FEE OF $50.00, BIRTH $1.00 FEE; $50 FEE FOR LETTER OF COSMETOLOGY LICENSE APPLICANTS; 23-19 REGARDING FEES FOR WATER ROVlDING EFFECTIVE DATE OF AUGUST 1, FOR SEVERANCE; PROVIDING FOR CLARING AN EMERGENCY / BE IT ORDAINED BY THE CI'I'[Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: / SECTION 1. Section 19-49 of t "Sec. 19-49. Certification. "(a) Certification: All emp processing establishmen certification before begin sanitation training for ea¢ employee performance ~ ordinances, rules and re department course. A fe charged for each food hz handler's permit shall be issuance, unless said pe "(b) Revocation: If inade~ employee and such uns~ violations of food service health officer may revoke ~e Code of Ordinances is amended to read as follows: oyees of food service, temporary food service, food :s or mobile food units must obtain food handling ling to work. A minimum of two (2) hours of food h employee is required every three (3) years to ensure their duties in accordance with food service sanitation ulations. This training shall be an approved health of ........... seven dollars ($7.00) will be ndler permit issued by the health department. A food valid for a period of three (3) years from date of 'mit is sooner revoked by the city health officer. luate hygienic performances are demonstrated by the tisfactory performances are a result of material sanitation ordinances, rules or regulations, the city the food handler's permit. "(c) Food handler certifiqation: Training may be conducted by the permitted food manager of the establisl~ment maintaining an inspection rating of eighty (80) or above on approval by th~ health department. "(d) Posting: Each food otherwise readily availal: andler permit shall be at all times kept posted, filed or le for viewing by a health officer." ,. 398 Page 2 of 7 SECTION 2. Section 19-54 of ti follows: "Sec. 19-54. Issuance. "(a) A food manager's pe manager's certificate issu instruction whose prograr The certificate shall provi, satisfactorily completed a minimum, not less than fi minimum essential knowl basis of foodborne infecti storage of food by all emi shall be of a form desigm property of the health del revoked. A graduate of a~ requirements for an asso management may be isst upon providing satisfacto dietitian currently register of Examiners of Dietitian., manager's course upon le City Code of Ordinances is amended to read as mit shall be issued to any person who has a valid food ed by any state, municipality, agency or school of 3 of certification has been approved by a health officer. Je evidence that the applicant attended and course of instruction. Such course shall include, as a teen (15) hours of training, the contents of which cover .~dge of safe food handling practices, the biological 3n and transmission, the safe preparation, handling and )loyees found in food service operations. The permit ,d by the health department and shall remain the ,artment to be returned to the health department if ~ institution of higher education who has completed all :late or higher degree in hotel and restaurant ~ed a permit without taking the food manager's course ¥ proof of graduation from an approved school. A 9d by the A.D.A. and licensed by the Texas State Board may be issued a permit without taking the food roviding satisfactory proof of current licensure and registration. ~ (b) A fee of .......... , ..... , seven dollars ($7.00) wdl be charged for each manager's permit i~ued by the health department." food SECTION 3. Section 19-39 of ti follows:. "Sec. 19-39. Inspection pr~ exceed thirty demerits on ~e City Code of Ordinances is amended to read as ~cedures for establishments with scores which egular inspections. "The following is the procedure to be followed by the city health officer regarding food establishments with scores which exceed thirty (30) demerits earned on any regular inspection during a twelve (12) month period. "(a) Regular inspection s~ "(1) Any inspector wh. exceeds thirty (30) de inspection. H:\LEG-DiR\Lisa\ORD3\July 22-health fees.doc :oring in excess of thirty (30) demerits: ) conducts an inspection which results in a score which merits will be in charge of the disposition of that "(2) The establishmen hours. All four (4) and score will not be given pay a fifty dollar ($50.1 "(3) Failure to comply health, the inspector, 1 may result in the revo~ permits. "(4) A second follow-u deficiencies have not l food services advisor~ and/or owner at such pay a fifty dollar ($50.l "(5) Following the meE follow-up inspection establishment must A failure of this inspec permits issued by the Page 3 of 7 :will have a follow-up inspection within forty-eight (48) five (5) point items must be corrected at that time. A for a follow-up inspection. The establishment must )0) follow-up inspection fee. t~ill result in a meeting of the director of environmental he certified manager and/or the owner. This meeting ',ation of the food manager's, food handler's, and health ~ inspection will be made within ten (10) days. If all )een corrected, a meeting shall be scheduled with the committee. The attendance of the certified manager meeting shall be mandatory. The establishment must 0) follow-up inspection fee. ting with the food service advisory committee, a third be made within ten (10) days of such meeting. The 'a fifty dollar ($50.00) follow-up inspection fee. lion may result in the suspension or revocation of all :ity/county health department. "(6) At the discretion c r the director of public health, the certified manager, and/or owner may be 'equired to meet with the food service advisory committee. "(b) Second regular inspe~ction scoring in excess of thirty (30) demerits: / "(1) If a second regula~r inspection of the establishment results in scores which exceed thirty (30) demerits during a twelve-month period, a meeting consisting of the director of environmental health, the inspector, the certified manager and/or ownffr of the establishment will be called. This meeting may result in the revocatio~ of the food managers' and food handlers' permits. "(2) The establishment will be re-inspected within forty-eight (48) hours. The establishment must p~y a fifty dollar ($50.00) re-inspection fee. All four (4-~- and five (5) point item,s must be corrected. No rating will be given for a follow- up inspection. "(3) Failure to comply :n a follow-up inspection will result in a meeting before the food service advis ~ry committee. "(c) Third regular inspecti )n scoring in excess of thirty (30) demerits: "(1 )A third regular inspection that results in a score in excess of thirty (30) demerits constitutes ~health threat and will subject the establishment to H:\LEG-DIR\LisaSORD3\July 22-health fees.doc Page 4 of 7 suspension of its heallh permit for twenty-four (24) to seventy-two (72) hours by the city health offic~er. The food manager's permit may be suspended also. "(d) Procedures for re-op~ning: The establishment may reopen on approval by the city health officer aftffr a written statement from the establishment has been received stating that all o11= the four (4) and five (5) point items have been corrected, and such corrections have been verified by the health officer." SECTION 4. Section 23-18 of ti "Sec. 23-18. Schedule offl to the imposition and colle "(a) Unless otherwise pre each patient for each vlsi or in part by the ,,.,, C~ty. income guidelines and s! Schedule TP, BLE INSET: Poverty Income (percent) Fam 0--99 100--199 200--299 3O0 ..F "(b) The fee for visit to the S work, or treatment is $15.00 Disease Clinic is $10. (b) "(c) No recipient or clienl to the amount reimbursable (~) "d.(~ No recipient or clien' charged a fee. (The maximt one hundred fifty (150) perc ~e Code of Ordinances is amended to read as follows: ~es for clinical health services and policies related ;tion of such fees. vided hereto in this section, a fee will be charged to : to any city-county health clinic facility funded in whole The fees shah must be based upon federal poverty ;=!! must be in the following amounts: )f Fees for Clinical Health Services ily Size ChargeNisit Maximum Charge/Family --8 $ 0.00 $ 0.00 --8 5.00 10.00 --8 10.00 30.00 --8 30.00 No maximum ~xually Transmitted Disease Clinic for an exam, lab The fee for blood test at the Sexually Transmitted eligible for Medicaid shall be charged a fee in addition by Medicaid. eligible for Title XX family planning services shall be m income limit for Title XX family planning services is ~=nt of the federal poverty income level.) (~L) "(e) Each city-county health clinic will determine if a person is able to pay in accordance with the approl~riate schedule; however, the clinic will not deny services because of a person's inability to pay. H:\LEG-DIR\Lisa\ORD3\July 22-health fees.doc (e) ".(_fi. Patients or clients wh, plus poverty level will be refE circumstances exist. Such ci prevention and control of cot or the unavailability of specif city-county health clinic in ac ~ "(g) A city-county health c clinic of providing service or (~j) "h.(_b.) The city-county healt fees, but the clinic may waiw exceed the fee to be collectE (h) "(i) The city-county healff services to a person, determ the person and opportunity f health department will take ,, deliberately misrepresents a the application of the schedL will conduct such a hearing i specified in sections 1.21--1 SECTION 5. Section 23-19 of t "Sec. 23-19. Fee for labor; "The director of public healtl' charged for laboratory testin the City Manager for approw may not be increased annua may not be created without approved schedule must be provided to the City Council. SECTION 6. Section 23-22 of t "Sec. 23-22. Schedule of f~ group day care homes, an "(a) Definitions. In this s~ "(1) The term 'day cai or children under foul guardian or custodiar (24) hours per day ar H:\LEG-DIR\Lisa\ORD3\July 22-health fees.doc Page 5 of 7 )se incomes are above the two hundred (200) percent rred to the private sector for care unless extenuating 'cumstances include provision of immunization services, lmunicable diseases, unusually high medical expense c are needed. Such exceptions may receive care at the :ordance with the schedule of fees. inic may not charge a fee which exceeds the cost to the f prohibited by federal funding requirements. clinic shall make a reasonable effort to collect the ~l.COllection if the administrative cost of collection will department may modify, suspend, or terminate ined able to pay, for nonpayment of fees after notice to )r hearing. The criteria upon which the city-county uch action is when the person fraudulently or material fact about his or her eligibility, ability to pay, or le of fees to him/her. The city-county health department ~ accordance with the formal hearing procedures 34 of title 25, Texas Administrative Code." Code of Ordinances is amended to read as follows: tory testing of water samples. is authorized to establish a schedule of fees to be of water samples. This schedule must be submitted to , and must be reviewed on an annual basis. The fees I1¥ by more than twenty-five (25) per cent. New fees ;ity Council's approval by motion or resolution. The Iiled with the City Secretary and copies must be ~e Code of Ordinances is amended to read as follows: ;es for annual inspection of day care centers~ =nd J foster family homes. ;ction: e' means the care, supervision, and guidance of a child Ieen (14) years of age unaccompanied by a parent, on a regular basis, for a period of less than twenty-four in a place other than the child's own home. "(2) The term 'day car incorporated under dE 'kindergarten,' 'play s~ center,' which provide fourteen (14) years ol, "(3) The term 'group care for seven (7) to "(4) The term 'foster been trained and app~ as many as six childr( "(b) Inspection fee. An in ($50.00) :ha!! must be cl, care homes, or foster fan department which are re( Regulatory Services for ~ Page 6 of 7 center' means any facility, whether or not known or scriptive titles or names such as 'nursery school,' ',heel,' 'child development center,' or 'early childhood day care for thirteen (13) or more children under ay care home' means any facility which provides day velve (12) children under fourteen (14) years old. ~mily home' means "a private home of a family that has opriately licensed or verified to provide foster care for n at a time, including the family's own children. ,~,;,,,, ~;,,,, ,~,,,,.,,, teq~ nm fifty dollars spection fee of ...... , ........... , ...... / arged for inspections of day care centers~_e¢ group day ,ily homes performed by the City-County health uired by the Texas Department of Protective and nn'Ja! licensing of these facilities." SECTION 7. Article I of Chapter' 23 of the Code of Ordinances is amended by adding new section 23-23 to read as follows: "Sec. 23-23. Cosmetology license applicant fee. "The fee for the Health Dep~rtment to provide a cosmetolo,qy license applicant with verificatio,,n that the applican~ is free of communicable disease is fifty dollars ($50.00). I SECTION 8. Article II of Chapt{r 23 of the Code of Ordinances is amended by adding new section 23-42 to read as follows: "Sec. 23-42. Fees for plastic covers for birth certificates. "The fee for plastic cover for birth certificate is $1.00 for either the wallet size or letter / size cover." SECTION 9. The effective date SECTION 10. If for any reason word or provision of this Ordinar judgment of a court of competer paragraph, subdivision, clause definite intent of this City Counc phrase, word or provision in this H:\LEG-DIR\Lisa\ORD3\July 22-health fees.doc of this Ordinance is August 1, 2003. any section, paragraph, subdivision, clause, phrase, ~ce shall be held invalid or unconstitutional by final t jurisdiction, it shall not affect any other section, ~hrase, word or provision of this ordinance, for it is the I that every section, paragraph, subdivision, clause, Ordinance be given full force and effect for its purpose. Page 7 of 8 SECTION 11. Publication shl ~11 be made in the official publication of the City of Corpus Christi as required by the Cit Charter of the City of Corpus Christi. SECTION 12. That upon w tten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary "or the efficient and effective administration of City affairs and (2) suspends the Char er rule that requires consideration of and voting upon ordinances at two regular m~ upon first reading as an em{ 2003. ATTEST~~,.~__~ Armando Chapa City Secretary APPROVED: This 16th day R.'Ja.y. Re~ing / Acting City Attonley ~etings so that this ordinanc,~nis passed and t_t_t_t_t_t_t_t_t_~Lalfes ~rgency measure this the r'~,~-J~ day of ~l~d~' effec. t / THE CITY OF CORPUS CHRISTI ~amuel L. Neal, Jr. Mayor July, 2003: H:\LEG-DIR\Shared\VERONICA\Lisa\OrdI~July 22-healtl' fees.doc Page 8 of 8 Corpus Christi, Texas '~°0"~' ~ Day of TO THE MEMBERS OF THE Corpus Christi, Texas For the reasons set forth in th, emergency exists requiring su voting upon ordinances at twc suspend said Charter rule an¢ at the present meeting of the * Respectfully, Council Members The above ordinance was passed by / Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff tt:\Li-;G~DlR\Shared\VERONICA\Lisa\Ordlkluly 22-health fees.doc ~ L] ,2003 CITY COUNCIL .~ emergency clause of the foregoing ordinance an spension of the Charter rule as to consideration and regular meetings: I/we, therefore, request that you pass this ordinance finally on the date it is introduced, or ;ity Council. Respectfully, the following vote: PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } Before me, the undersigned, Hinoiosa, who being first dul Manager of the Corpus Chr Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller Tirn~ $117.96 TWO (2 } Time(s) SS~ CITY OF CORPUS CHRISTI Ad # 4619330 PO # a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit :ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :io, Victoria and Webb Counties, and that the ~ASSAGE OF ORDINANCE NO. which the annexed the Corpus Christi Caller-Times and on the World Interactive on the 28TH day{s} of JULY, 2003. Credit Manager Subscribed and sworn to me on the date of JULY 29, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. $6 to $7; Day Care $50; BIf~h Ce~cat Cosmeto~gy I.~r~e ame~:ling Section 23- for an ef~ date c~,