§ 5.06.020. Home occupation license provisions

Latest version.
  • A. No person shall operate or maintain, or permit the operation or maintenance of a home occupation without first having obtained a valid license from the permit official.

    B. Proof of a State of Texas license must be provided, where applicable, for child and adult care facilities prior to a home occupation license being granted.

    C. Application for a home occupation license shall be made on a form provided by the permit official and shall be accompanied by the established fee.

    D. As part of the application, the applicant shall provide written permission for the City of El Paso to conduct an inspection of the property in its entirety that is subject of the application prior to a home occupation license being issued and at reasonable times as necessary. Deficiencies of health, safety, zoning and construction standards established by the city in the City Code will be noted in writing and must be corrected before the license is issued.

    E. A request for renewal and renewal fee must be paid prior to expiration of the license.

    F. License denial, suspension and revocation.

    1. The permit official may suspend or revoke any license granted hereunder by serving the licensee with written notice by hand-delivery or certified mail, if the licensee is found to be in violation of this chapter or found, in the opinion of the permit official, to pose a significant health risk to the public.

    2. The permit official shall issue the written notice of denial, suspension or revocation of a license to the licensee and shall contain, as a minimum, the following:

    a. The name and address of the location of the home occupation and name of the licensee;

    b. A statement that the license is denied, suspended or revoked;

    c. The reason(s) for the denial, suspension or revocation;

    d. An order that the portion of the dwelling used for a home occupation to be closed and not accessible to the public;

    e. A statement prohibiting the further use of the structure for a home occupation;

    f. Recommended corrective measures to bring the structure into compliance with the requirements of this chapter and any other applicable provision of the code;

    g. The reasonable time limit established for the completion of the corrective measures;

    h. A statement that the license, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time; and

    i. A statement that the denial, suspension or revocation may be appealed to the city manager pursuant to Section 5.01.090 of this Code.

    3. The permit official may post a sign at any location where a license has been suspended or revoked pursuant to this chapter alerting the public that the location no longer has a valid license.

    G. Enforcement—Penalty.

    1. Penalties. The city manager and designees, including but not limited to the code enforcement division, shall have the power to administer and enforce the provisions of this ordinance as may be required by governing law. Any person violating any provision of this ordinance is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance.

    2. Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined a sum not exceeding two thousand dollars. Each day that a provision of this chapter is violated shall constitute a separate offense. An offense under this chapter is a misdemeanor.

    3. Civil remedies. Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including, but not limited to the following:

    a. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and

    b. Any other remedy available by law.

(Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)