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HomeMy Public PortalAboutORD 14/02ORDINANCE NO. 14/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING AN AMENDMENT TO CHAPTER 66, ZONING; ARTICLE I, IN GENERAL; TO INCLUDE A NEW SECTION, SECTION 66 -11, PROVIDING FOR REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO THE FAIR HOUSING AMENDMENTS ACT AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, "reasonable accommodation" is a statutorily established method by which an individual who is disabled and /or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and /or the Fair Housing Amendments Act, hereafter "disabled "), or a provider of services to the disabled qualifying for reasonable accommodations under the referenced statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing; and WHEREAS, the Town hereby desires to adopt within the Town's Code of Ordinances reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate based on the facts and law, to receive reasonable accommodations; and WHEREAS, the Town intends these reasonable accommodation procedures to be applicable to the Town's ordinances, rules, policies, practices, and services so as to afford a disabled person an equal opportunity to use and enjoy a dwelling. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article I, In General; to include a new section, Section 66- 11, Reasonable accommodation procedures, to read as follows: "Chapter 66 ZONING ARTICLE I. IN GENERAL Sec. 66 -11. Reasonable Accommodation Procedures. (1) This section implements the policy of the Town of Gulf Stream for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ( "FHA ") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ( "ADA "). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and /or handicapped under the FHA and /or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the Town's land use or zoning laws, rules, policies, practices and /or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. (2) A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Town Clerk. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection (10) below. (3) Should the information provided by the disabled individual to the Town include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the Town, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The Town shall thereafter endeavor to provide written notice to the disabled individual, and /or their representative, of any request received by the Town for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the Town. The Town will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the Town shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (4) The Town Manager, or his /her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public (provided, however, the Town Manager or designee shall not be required to render their decision at said public hearing). When a reasonable accommodation request form has been completed and submitted to the Town Clerk it will be referred to the Town Manager, or designee, for review and consideration. The Town Manager, or designee, shall issue a written determination within 45 days of the date of receipt of a Ordinance No. _ Page 2 of 5 completed application and may, in accordance with federal law: (a) grant the accommodation request; (b) grant a portion of the request and deny a portion of the request, and /or impose conditions upon the grant of the request; or (c) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his /her representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Town Manager, or designee, may, prior to the end of said 45 -day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 45 -day period to issue a written determination shall no longer be applicable, and the Town Manager, or designee, shall issue a written determination within 30 days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said 15 -day period, the Town Manager, or designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and /or withdrawn and no further action by the Town with regard to said reasonable accommodation request shall be required. (5) In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and /or ADA by demonstrating that they, or the party they represent, are handicapped or disabled, as defined in the FHA and /or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped /disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the Town Manager, or designee, or by the Town Commission in the event of an appeal. (6) Within 30 days after the Town Manager's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Town Commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. (7) There shall be no fee imposed by the Town in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the Town Commission, and the Town shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal. Ordinance No. Page 3 of 5 (8) While an application for reasonable accommodation, or appeal of a determination of same, is pending before the Town, the Town will not enforce the subject zoning ordinance, rules,_ policies, and procedures against the applicant. (9) The following general provisions shall be applicable: (a) The Town shall display a notice in the Town's public notice bulletin board (and shall maintain copies available for review in the Town Clerk's office), advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein. (b) A disabled individual may apply for a reasonable accommodation on his /her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. (c) The Town shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing etc. to ensure the process is accessible. (10) Reasonable accommodation request form: 1. Name of Applicant: 2. Telephone Number: 3. Address: 4. Address of housing or other location at which accommodation is requested: 5. Describe qualifying disability or handicap: 6. Describe the accommodation and the specific regulation(s) and or procedure(s) from which accommodation is sought: 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service: B. Name address and telephone number of representative if applicable: 9. Other information: 10. Signature of Disabled Individual or Representative, if applicable, or Qualifying Entity: Date: " Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be Ordinance No. 14/2 Page 4 of 5 given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED as an emergency Ordinance in a regular, adjourned session on first reading this 13th day of ATTEST: C erk Izzli pAdocs113147\00001 \doc\ijk8212.doc Ordinance No. Page 5 of 5