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:
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