Alhambra Municipal Code Ch. 6.36 Sanitariums, Private Schools and Similar Institutions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

('86 Code, § 6.36.010) (Ord. 3148, passed - - )

DAY NURSERY means a facility operated by a person, corporation or association which:

(1) Accepts for nonresident care and super-vision, more than ten children under 18 years of age, or

(2) Provides for a smaller number care that is institutional in character, with or without compen-sation.

('86 Code, § 6.36.020) (Ord. 3148, passed - - )

FAMILY DAY CARE HOME FOR CHILDREN means a family home, noninstitutional in character, which provides day care only, with or without compensation, for not more than six children under 18 years of age, including children of the foster family under 18 years of age.

('86 Code, § 6.36.030) (Ord. 3148, passed - - )

FOSTER FAMILY HOME FOR CHILDREN means a family home, noninstitutional in character, which provides 24-hour care, with or without compensation, for not more than six children under 18 years of age, including children of the foster family under 18 years of age.

('86 Code, § 6.36.040) (Ord. 3158, passed - - )

HOME FOR AGED means a facility operated by a person, association or corporation which receives persons 65 years of age or over into a physical setting with the intention or practice of assuming for them responsibilities which go beyond that customarily associated with a landlord-tenant relationship.

(A) In determining the need for a permit, the intention, obligations, or practices which shall be construed as indications or evidence of a need for a permit, including the following:

(1) Identification of the establishment and the service offered by any name, description or advertisement which implies a service to aged people other than that of housing, a place serving food to the public, a nursing or convalescent home, or a psychiatric care facility.

(2) Implied or actual assumption of respon-sibility for general oversight and, as needed, personal care to aged persons, such as help with bathing, dressing, eating, care of clothing, mending, laundry, personal shopping, transportation, health supervision, assistance in maintaining social and recreational contacts, and the like.

(B) Any practice, intention or obligation which does not include all the services required in regula-tions governing the permitting of reception and care of the aged shall not, however, be presumed to excuse any person, corporation or association from the need for a permit.

('86 Code, § 6.36.050) (Ord. 3148, passed - - )

INSTITUTION FOR CHILDREN means a facility operated by a person, association or corporation which:

(A) Accepts for 24-hour care, more than 15 children under 18 years of age or

(B) Provides for a smaller number, care that is institutional in character, with or without compensa-tion.

('86 Code, § 6.36.060) (Ord. 3148, passed - - )

PARENT-CHILD BOARDING HOME means a family home noninstitutional in character, which provides board and room or room only, to parents with their children including as a clearly defined part of the service given the care and supervision of the children while the parents are away. Such homes may accommodate not more than six children under 18 years of age, including the foster parent's own children, nor more than four family units, including the foster family unit and employees and their children in residence.

('86 Code, § 6.36.070) (Ord. 3148, passed - - )

SPECIAL BOARDING HOME FOR CHILDREN means a family home, noninstitutional in character, which provides 24-hour care, with or without compensation for seven to 15 children under 18 years of age, including children of the foster family under 18 years of age.

('86 Code, § 6.36.080) (Ord. 3148, passed - - )

SPECIAL DAY CARE HOME FOR CHILDREN means a family home noninstitutional in character, which provides day care only, with or without compensation, for seven to ten children, inclusive, under 18 years of age, including children of the foster family under age 18.

('86 Code, § 6.36.090) (Ord. 3148, passed - - )

It shall be unlawful and is hereby declared to be a misdemeanor for any person to conduct or carry on any activity defined in this chapter without having a valid permit therefor issued by the city. A permit shall not be required, however, for the receiving or care of a child or children under 18 years of age by a relative or by the legal guardian of such child or children, nor shall a permit be required for the receiving or care of any such child or children during a temporary period by a close friend of the parent or guardian, with the consent of the parent or guardian, when such receiving and care is without compensa-tion.

('86 Code, § 6.36.100) (Ord. 3148, passed - - )

Every person desiring an original or a renewal permit required by the provisions of this chapter shall file an application in the office of the Superintendent of Building upon a form provided by the Super-intendent of Building, and, at the time application is submitted, shall pay the required fee.

(A) Each application for a permit required by this chapter shall be signed by the applicant and shall contain the following information:

(1) The name and address of the person who shall be responsible for, and in control of the establishment;

(2) The address of the establishment;

(3) Such other information as may be required by the various city departments concerned;

(B) It shall be unlawful for any person to make any false or fictitious statement concerning himself, or any operation requiring a permit, when applying for a permit for such operation.

('86 Code, § 6.36.110) (Ord. 3148, passed - - ) Penalty, see § 1.12.010

Each application for an original or an annual renewal permit shall be accompanied by the fee specified below, which fee shall not be refundable if such permit is denied:

Nonprofit organizations, irrespective of number of children or aged persons No fee

• Capacity of six or less children No fee

• Capacity of two or less aged persons $ 25

• Capacity of not less than seven and not more than 24 children, not including applicant's own children $ 50

• Capacity of not less than three and not more than 24 aged persons $ 50

• Capacity of 25 or more children or aged persons $100

('86 Code, § 6.36.120) (Ord. 3148, passed - - )

Upon receipt of an application for an original or a renewal permit, together with the required fee, the Chief of Police, the Chief of the Fire Department, the Superintendent of Building, and the County Health Officer shall make as investigation. Each such Department shall submit a written report on the applicant to the Superintendent of Building. Such investigation shall be in accordance with generally accepted standards established by the respective city departments in their particular areas of responsibility.

(A) In addition, any and all persons 18 years of age and over who reside or are employed full or part time in any of the establishments regulated by this chapter, except those proposed to be cared for, shall be fingerprinted and a record thereof kept, together with all other records necessary for a complete investigation.

(B) In addition to the aforesaid regular annual inspection, the Departments of Police, Fire, Building and Health may make additional inspections at any time.

('86 Code, § 6.36.130) (Ord. 3148, passed - - )

If favorable reports are received from all investigating departments, and if the applicant has complied with all applicable provisions of this code, the Superintendent of Building shall issue the permit. If such investigation reveals a criminal record, or that the applicant has not complied with all applicable laws and regulations, or there is other evidence that the public welfare or welfare of the persons to be cared for in any such establishment would be adversely affected through the maintenance of such establishment, such permit or any renewal thereof may be denied, or may be granted upon the express condition precedent that the violations specified be corrected. The applicant shall be notified in writing by the Superintendent of Building of such decision.

('86 Code, § 6.36.140) (Ord. 3148, passed - - )

The following provisions shall apply to all permits issued under the provisions of this chapter:

(A) Every such permit shall expire 12 months from its date of issuance;

(B) Every such permit shall be displayed in the establishment for which it is issued;

(C) No such permit shall be transferable from one applicant to another, nor from one location to another even through operated by the same applicant;

(D) Each such permit shall automatically become null and void upon the issuance of a new permit for the same establishment;

(E) If any permit is lost, mutilated or destroyed, the possessor of such permit shall secure a duplicate from the Superintendent of Building. Each application for such a duplicate permit shall be accompanied by a fee of one dollar to cover the cost of issuance.

('86 Code, § 6.36.150) (Ord. 3148, passed - - ) Penalty, see § 1.12.010

At least ten days prior to the expiration of any permit issued under the provisions of this chapter, the holder of the permit shall file an application for renewal, together with the required fee. If the appli-cation for renewal is not so filed, the permit shall automatically expire at the end of the year, and the holder of the permit shall be notified in writing by the Superintendent of Building that the permit has expired. The procedure for issuance of an original permit shall apply to the issuance of an annual renewal permit.

('86 Code, § 6.36.160) (Ord. 3148, passed - - )

If the Superintendent of Building determines at any time that the holder of a permit has not complied with the applicable provisions of this chapter, he may suspend and take possession of such permit. Notice of such suspension shall be given in writing to the holder of the permit.

(A) When a permit has been suspended, an application may be made for reinstatement. Such application shall include a signed statement declaring that the conditions for which the permit was suspended have been corrected. Upon receipt of such application, the Superintendent of Building shall arrange for investigation by the appropriate depart-ment(s), and, if all provisions of this chapter have been complied with, he shall reinstate the permit;

(B) The Superintendent of Building may revoke and take possession of the permit of any permittee who, after reinstatement of a permit following sus-pension, fails to continue to comply with applicable laws and regulations governing the operation. Notice of such revocation shall be given in writing by the Superintendent of Building.

('86 Code, § 6.36.170) (Ord. 3148, passed - - )

If any permit is denied, suspended or revoked, the applicant or the holder of the permit may within ten days after notification by the city of such denial, suspension or revocation, file a formal written appeal in the office of the City Clerk, who shall bring it to the attention of the City Council who will set a hearing date.

(A) The City Council may continue the hearing from time to time;

(B) The City Council shall hear the matter on the date set for hearing or on any continued date;

(C) At the conclusion of the hearing, the City Council shall take such action as it deems proper.

('86 Code, § 6.36.180) (Ord. 3148, passed - - )