Chapter 12.35
PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, EMERGENCY HOUSING AND SHELTER
Sections:
Article I. Generally
12.35.010 Exception from chapter.
Article II. Licenses
12.35.020 License for business required.
12.35.030 License applications.
Article III. Regulations
12.35.070 Standards of safety and operation.
12.35.080 Standards of conduct.
Article I. Generally
12.35.010 Exception from chapter.
This chapter does not apply to emergency housing and shelter that is operated as a result of inclement weather, natural disaster, or similar event.
(Ord. No. 22-929, § 15, 1-18-22.)
Article II. Licenses
12.35.020 License for business required.
Unless expressly excepted by the provisions of this chapter, it is unlawful to operate permanent supportive housing and transitional housing, or emergency housing and shelter unless such establishment or premises is licensed as hereinafter provided.
(Ord. No. 22-929, § 15, 1-18-22.)
12.35.030 License applications.
(1) All applications for license or license renewal shall be made to the city finance department on a form prescribed by the finance director, and shall include the following information:
(a) The name, address, and contact telephone number of the license holder;
(b) The business name, address, and telephone number of the establishment to be licensed;
(c) The names, titles, addresses, and telephone numbers of those who will act as the principle point(s) of contact with the city;
(d) A declaration of the total number of rooms in the facility used for permanent supportive housing and transitional housing, and/or emergency housing and shelter;
(e) The maximum number of occupants that can be housed in the facility;
(f) An operational plan demonstrating compliance with the safety and operational requirements in FWRC 12.35.070 and the standards of conduct in FWRC 12.35.080;
(g) Documentation identifying that providers and/or managing agencies have either demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an appropriate human service field, and/or applicable experience in a related program with people experiencing homelessness.
(2) The city shall notify the applicant within 15 working days of submittal of a license or license renewal application if the application is deemed incomplete and shall specify what additional information is required.
(Ord. No. 22-929, § 15, 1-18-22.)
12.35.040 License fee.
(1) The license fee for permanent supportive housing and transitional housing, or emergency housing and shelter, as required in this chapter, is $300.00 per year. Such fee shall be in addition to general business license fees where applicable.
(2) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee.
(3) Permanent supportive housing and transitional housing, and emergency housing and shelter, operated by nonprofit or governmental organizations, shall be exempt from the license fee.
(Ord. No. 22-929, § 15, 1-18-22.)
12.35.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirty-first of December of each year.
(2) Due date. All license fees required by this chapter for either an original license or renewal are payable to the city at least two weeks prior to the commencement of operation of the permanent supportive housing and transitional housing, and/or emergency housing and shelter.
(3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges granted to the licensee.
(Ord. No. 22-929, § 15, 1-18-22.)
12.35.060 Renewal of license.
(1) For a permanent supportive housing and transitional housing, and/or emergency housing and shelter facility to continue operation beyond the expiration of its existing license, an application for renewal must be submitted with the city prior to the expiration of the existing license.
(2) A late penalty shall be charged on all applications for renewal of a license received later than seven calendar days after the expiration date, as well as all applications that fail to rectify application deficiencies identified by the city pursuant to FWRC 12.35.030(2) within seven calendar days of the city notice provided for in that subsection.
The amount of such penalty is fixed as follows:
|
Days Past Due |
Late Fee |
|
8 – 30 |
$50 |
|
31 – 60 |
$100 |
|
61 and over |
$200 |
(Ord. No. 22-929, § 15, 1-18-22.)
Article III. Regulations
12.35.070 Standards of safety and operation.
(1) Every facility licensed under the provisions of this chapter, except for emergency housing and shelter facilities that do not provide overnight accommodations, must meet the following safety and operational requirements:
(a) Adopt and broadly disseminate a written security and emergency plan for residents, guests, and employees.
(b) Establish protocols to work with current or prospective residents and guests with active felony warrants to resolve the outstanding warrant(s) with applicable legal authorities.
(c) Take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from all current and prospective residents, and keep a log containing this information.
(d) Prohibit direct intake of residents without referral.
(e) Incorporate procedures into operations to ensure complete and accurate recordkeeping.
(f) Post prominently a list of all human and health services offered with a brief description of the service(s) and the availability of such service(s).
(g) Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping and plant maintenance.
(h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site.
(2) Every standalone facility exclusively for permanent supportive housing and transitional housing, and/or emergency housing and shelter licensed under the provisions of this chapter, except for permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must meet the following additional safety and operation requirements:
(a) Install lighting in all internal common areas providing a minimum of one and one-half foot-candles at ground level 24 hours per day, seven days a week.
(b) Have a manager or operator’s representative on the premises at all times during operating hours.
(3) Every newly constructed facility licensed under the provisions of this chapter, except for newly constructed permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must also implement the security program and strategies addressed in FWRC 19.115.040.
(Ord. No. 24-981, § 3, 1-16-24; Ord. No. 22-929, § 15, 1-18-22.)
12.35.080 Standards of conduct.
Every facility licensed under the provisions of this chapter must adopt and enforce standards of conduct applicable to all residents and guests designed to ensure that:
(1) All residents and guests comply with all applicable federal, state, and local laws, including all safety and sanitation requirements and the city’s building, fire, and zoning and development codes.
(2) No residents or guests shall exhibit threatening or unsafe behavior.
(3) No residents or guests shall use, possess, or sell illegal drugs.
(Ord. No. 24-981, § 4, 1-16-24; Ord. No. 22-929, § 15, 1-18-22.)