Chapter 23.30
REASONABLE ACCOMMODATIONS
Sections:
23.30.020 Application – General.
23.30.030 Application – Contents.
23.30.040 Application – Staff review.
23.30.050 Application – Appeals.
23.30.060 Application – Conditions of approval.
23.30.070 Application – Penalty for violation.
23.30.010 Purpose.
It is the policy of the city, pursuant to the Americans with Disabilities Act, to provide disabled persons reasonable accommodations as necessary to ensure equal access to their dwelling unit and/or place of business. The purpose of this section is to provide a clear and defined process for disabled persons to make reasonable accommodation requests from existing standards in the city’s municipal code. The following policy shall apply to all reasonable accommodation requests. (Ord. 916 § 3 (part), 2006)
23.30.020 Application – General.
Any disabled person, or his or her representative, may request a reasonable accommodation waiver from the city’s municipal code, when accommodation is reasonable and necessary to afford such persons equal opportunity to their dwelling unit and/or place of business. (Ord. 916 § 3 (part), 2006)
23.30.030 Application – Contents.
A disabled person or his/her representative who desires to request a reasonable accommodation may file an application with the department of community development. The applicant is required to submit the following information with the application:
(1) The applicant’s name, address, and telephone number.
(2) If not the applicant, the identity of the disabled person(s), and the applicant’s relation to the disabled person(s).
(3) Identification and description of the disability which is the basis for the request for reasonable accommodation. The applicant shall include current written certification and a description of the disability and its effects on the individual’s medical, physical or mental limitations.
(4) The municipal code section for which the request for reasonable accommodation is being made.
(5) The type of reasonable accommodation sought on the dwelling unit or place of business.
(6) The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, the applicant shall include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.
(7) Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation.
(8) Other supportive information deemed necessary by the city to facilitate proper consideration of the request. (Ord. 916 § 3 (part), 2006)
23.30.040 Application – Staff review.
A reasonable accommodation request will be reviewed by city staff in accordance with the following procedure:
(1) The following findings shall be analyzed, made and adopted before any action is taken to approve or deny a request, and must be incorporated into the written notice relating to such decision:
(a) Whether the request for accommodation is reasonable and necessary, because of the applicant’s disability, to make the subject dwelling unit or place of business available to the applicant.
(b) Whether there are alternatives to the requested modification that may provide an equivalent level of benefit.
(c) The physical attributes of any proposed changes to the subject property and structures.
(d) Whether the requested accommodation will impose an undue financial or administrative burden to the city.
(e) Whether the requested accommodation would result in a detriment to the surrounding neighborhood.
(f) Any other factor(s) that may have a bearing on the request.
(2) The director of community development shall have the authority to consider all reasonable accommodation requests. The director of community development shall approve, conditionally approve, or deny a request. A notice will be sent to the applicant by mail with factual findings, conclusions, and reasons for the decision. The director of community development may defer the decision to the planning commission. (Ord. 916 § 3 (part), 2006)
23.30.050 Application – Appeals.
Any applicant dissatisfied with the director of community development’s decision may appeal to the planning commission. Such appeal shall be in writing, and shall be filed with the department of community development within ten calendar days of the director of community development’s decision. Any applicant dissatisfied with the planning commission’s decision may appeal to the city council. Such appeal shall be in writing, and shall be filed with the city clerk within ten calendar days of the planning commission’s decision. The decision of the city council shall be final. (Ord. 916 § 3 (part), 2006)
23.30.060 Application – Conditions of approval.
Any modifications granted for an individual with a disability may, at the discretion of the decision-maker, be considered as a personal accommodation for the individual applicant and may, at the determination of the decision-maker, not run with the land. The conditions of approval may, where deemed appropriate, provide for any or all of the following:
(1) Inspection of the affected premises periodically, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.
(2) Prior to any transfer of interest in the premises, notice to the transferee of the existence of the modification, and the requirement that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.
(3) Removal of the improvements, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists.
(4) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
(5) Other necessary conditions deemed necessary to protect the public health, safety, and welfare. (Ord. 916 § 3 (part), 2006)
23.30.070 Application – Penalty for violation.
Any person violating any provisions of this chapter, who knowingly or intentionally makes misrepresentations of material facts to any officer or employee of the city in connection with obtaining a reasonable accommodation, shall be deemed guilty of an infraction, and upon conviction thereof may be punished as provided in Section 1.08.020. (Ord. 916 § 3 (part), 2006)