§ 16-3. Public health services board.

The city council hereby creates a public health services board.

(a)

Composition of board. The board shall consist of five (5) members who reside in the City of Eagle Pass, Texas and possess demonstrable knowledge of public health practices. The members of this committee will be three (3) persons residing in the City of Eagle Pass and two (2) members of the city council. Each member shall be appointed for a term of four (4) years and removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(b)

Rules of the board. The board shall adopt rules in accordance with the provisions of this article. Meetings of the board shall be held at the call of the chairperson or planning department and at such other times as the board may determine. All meetings of the board shall be subject to the Texas Open Meetings Act. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be subject to the Texas Public Information Act. The concurring vote of a majority of the quorum of the board at the meeting shall be necessary to reverse any order, requirement, decision, or determination of the planning department, or to decide in favor of the appellant on any matter upon which is subject to its jurisdiction.

(c)

Appeals. Appeals of licensing decisions to the board may be initiated by any person or business subject to a decision of the planning department. Such written appeal shall be filed with the planning department within ten (10) days of receipt of the written notice being appealed, together with an appeal processing fee of one hundred dollars ($100.00) payable to the City of Eagle Pass.

The planning department shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appeal from, unless the department determines that the violation represents an immediate threat to the public health and safety.

The board shall fix a time for the hearing of the appeal within twenty (20) calendar days from the receipt of the appeal, giving public notice thereof, as well as due notice to the parties initiating the appeal. At the hearing, any party may appear in person or agent or by attorney.

(d)

Powers of the board. The board shall have the powers to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the planning department in the enforcement of this article's licensing regulations.

In exercising the board's powers, the board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer or planning department from whom the appeal is taken.

(e)

The board may consult with the public health services physician in a public meeting, before making any finding concerning the merits of an appeal. In all appeals, the board shall determine if the appellant has demonstrated by a preponderance of the evidence that there is an error in any order, requirement, decision, or determination made by the planning department in the enforcement of this article, and if the grant of such an appeal impairs the public health, safety, comfort, and welfare of those individuals using the establishment.

(f)

Every appeal decided by the board shall be accompanied by written findings of fact, based on sworn testimony and evidence, specifying the reason for the decision.

(g)

Variances. A variance of this article may be granted by the board by modifying or waiving a requirement provided that:

(1)

The board determines that a health hazard will not result from the variance;

(2)

The person requesting a variance must provide the following information to the health authority:

(A)

A description of the requested variance from the local requirement;

(B)

A citation to the relevant section of this chapter; and

(C)

A description of how potential health hazards will be prevented if the variance is granted.

(3)

If the health authority grants a variance, the health authority shall retain in its records the information related to the variance

(h)

The decision by the board shall be final and subject to review by district court if prescribed in Texas law.

(Ord. No. 2016-09, § 1, 2-2-2016)