§ 10-56. Penalty for violation of article; fines, suspensions, revocations, and appeals.

(a)

Any person who violates any provision of this article shall, upon conviction, be fined as provided in section 1-7 of this Code. Each day any violation shall continue shall constitute a separate offense.

(b)

Any violation of the Emergency Health Care Act, chapter 773 of the Texas Health and Safety Code, or of any regulation applicable to emergency medical services providers, shall constitute a violation of this article. Upon conviction for any such violation the fine shall be $250.00 and $500.00 for any subsequent similar violation occurring within one year of the occurrence of the previous violation.

(c)

If a licensee violates any provision in this article or of the Texas Emergency Health Care Act, the permit officer is authorized to suspend a license or permit for any period of time not to exceed 30 days or until the violation is abated. In the event of any repeat or a serious violation, the permit officer may revoke the license or permit, as the case may be.

(1)

Every license or permit suspension or revocation shall be in writing, dated, and state the reason for the revocation or the period of the suspension, as the case may be.

(2)

The suspension or revocation order shall immediately be personally served upon the licensee or any of its employees or agents, and mailed to the licensee addressed to the most recent address of record.

(3)

Such order of suspension or revocation shall be effective immediately upon personal service.

(4)

Whenever the license of a transport service licensee is suspended or revoked the licensee shall so notify in writing all of its patients requiring life-sustaining treatment or care, including but not limited to dialysis, no later than by the end of the day following its receipt of notice from the permit officer, and shall make adequate alternative arrangements for those patients.

(5)

A decision or an order of the permit officer denying, suspending or revoking a license or permit may be appealed by the affected party in writing to the city manager or designee no later than within ten business days after the date such decision or order becomes effective. A hearing shall be scheduled to take place no later than five business days after receipt of the appeal, and a written decision shall be rendered no later than five business days following the hearing. The city manager's decision shall be final.

(d)

In the event of a violation of this article or any of its provisions by any person or any other type of business entity, its agents, servants or employees, the city may, in addition to other remedies, institute any appropriate action or proceedings to prevent such violation, including the right to restrain, enjoin, correct or abate such violation in any court of competent jurisdiction in accordance with the laws of the state.

(Ord. No. 2016-12, § 1, 8-3-2016)