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1. The owner or operator of a residential care facility shall provide to the city recorder, no less than ten (10) days prior to the placement of a resident within the facility, a notarized statement as follows:

a. That the facility does not accept any resident that would pose a direct threat to the health and safety of others in the facility or community or who in the past has posed a threat to the health and safety of others or whose tenancy would likely create a risk of substantial physical damage to others;

b. That the placement of each individual is strictly voluntary on the part of the individual or his/her legal guardian or conservator, and that it is not part of, or in lieu of, any confinement, rehabilitation or treatment in a correctional facility; and

c. That the certified agent agrees to promptly investigate any and all allegations of which it is or may become aware, relating to acts of an individual residing in or employed by such facility as may constitute a violation of the provisions of this section; and, if found to be substantiated, to take such action as may be reasonable and proper under the circumstances to correct/remedy the violation and any harm or damage resulting therefrom, and to protect the person and property of such individual and others residing or employed in and near the residential facility.

2. The written statement required above shall be accompanied by evidence that the residential care facility has adopted a process for individualized assessments consistent with the requirements of Section 5.42.100.

3. Any residential care facility that provides services to residents who have any past history of sexual assault, sexual aggression, or any offense involving a weapon, or are known to have acted in a manner which has resulted in serious bodily injury to another person, shall provide proof of a security plan that is satisfactory to the Lindon City chief of police, and which at a minimum provides twenty-four (24) hour supervision for residents and twenty-four (24) hour security measures and which complies with the rules and requirements established by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities.

4. The city shall not issue any residential care facility business license to any residential care facility that provides services to residents who have any past history of sexual assault, sexual aggression, or any offense involving a weapon, or which resulted in serious bodily injury to another person and which is proposed to be constructed and/or operated within one thousand (1,000) feet of a public or private school or licensed daycare as measured in a straight line between the closest property lines of the proposed facility and the school or daycare. (Ord. 2018-2 § 3, adopted, 2018)