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1992-183ALL0037B\800.2 ORDINANCE NO. ~ AN ORDINANCE ESTABLISHING FEES FOR REINSPECTIONS OF FOOD ESTABLISH- MENTS AS CONDUCTED BY THE CITY OF DENTON ENVIRONMENTAL HEALTH SER- VICES DIVISION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL- TY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~F~]L_~. That any establishment inspected by the City of Denton Environmental Health Services Division which receives a score of 75 or below on any inspection shall be re-inspected in accordance with the following provisions: (a) The re-Inspection shall be performed in the same manner as the previous inspection. (b) Except in cases where a closure is involved, the re- inspection shall be done by an employee of the Environmental Health Services Division who was not involved in the original inspection In an instance where the health officer has ordered closure, the original inspector shall perform the re-inspection (c) If, upon subsequent re-inspection of the establishment, the inspector finds that sufficient measures were not taken to bring the score above a total of 75, a citation will be issued and a date set for another re-inspection. Re-inspections w~ll continue to be conducted until the establishment has made sufficient progress to warrant a score above 75. (1) The issuance of a citation for failure to meet the required score upon re-inspection, shall not in any way limit the ability of the Inspector to Issue any other citation for any other violations of City ordlnances. (d) Re-inspection for failure to meet required score shall be performed on the fourteenth calendar day immediately following the original inspection, or as soon as possible thereafter SECTION II. That the fee for re-inspection shall be one-half the annual permit fee of the establishment receiving the re-in- spect~on. (a) A re-inspection fee will be charged for each re-inspec- tion necessary to bring the score above 75. (b) Payment of the re-inspection fee shall not void, or in any way affect, the owner or manager's responsibility for payment of any citations issued. Page 1 (c) The person, partnership, or corporation listed as "owner" on the original application shall be responsible for payment of any and all fees including re-inspection fees. SECTION III. Any person who shall violate a provision of this ordinance, or falls to comply therewith or w~th any of the require- ments thereof, or of a permit or certlf~cate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective Imme- diately upon its passage and approval. PASSED AND APPROVED this th~T~Wday of ~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~' ~J~O LEGAL FORM: - DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2