[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14 eff. November 6, 2014]
The purpose of the City of Avalon's ("City's") Americans
with Disabilities Act of 1990 ("ADA") Reasonable Modification Policy
is to ensure disabled persons have equal and effective access to City
programs and services, and that reasonable and long-term modifications
to City employment, building, and zoning rules, regulations, practices,
and standards may be made for disabled persons in full compliance
with the provisions of Title II of the ADA and all other applicable
State and Federal laws.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. No. 1132-14, eff. November 6, 2014]
The City is committed to providing equal access and opportunity
to qualified individuals with disabilities in all City programs, services,
employment policies, and building and zoning rules, regulations, practices,
and standards. The City recognizes that in order to have equally effective
opportunities and benefits, individuals with disabilities may need
reasonable and long-term modifications to City policies and procedures.
The City will adhere to all applicable Federal and State laws, regulations
and guidelines with respect to providing reasonable modifications,
as necessary, to afford disabled persons equal access to City programs
and services, and to modify City employment, building, and zoning
rules, regulations, practices, and standards when necessary. Questions
regarding reasonable modification and/or discrimination on the basis
of disability should be directed to the City's ADA Coordinator.
A notification of this policy shall be on display at City Hall/Planning
Department to alert people that this policy exists and that a copy
of this policy will be made available by the City upon request.
The City shall make reasonable modifications in policies, practices,
or procedures when the modifications are necessary to avoid discrimination
on the basis of disability, unless the City can demonstrate that making
the modifications would fundamentally alter the nature of the service,
program, activity, regulation or policy being modified, or result
in an undue financial or administrative burden.
The City shall take appropriate steps to ensure that communication
with applicants, participants, and members of the public with disabilities
are as effective as communications with others. To this end, the City
shall furnish upon request appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in, and enjoy the benefits of, a service,
program, or activity conducted by the City. In determining what type
of auxiliary aid or service is necessary, the City shall give primary
consideration to the requests of the individual with a disability.
The City recognizes that providing services in an integrated
setting through architectural barrier removal is the most desirable
method to provide equally effective opportunities and benefits for
many individuals with disabilities.
The City is not required to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a service,
program, activity or regulations, or any action that would result
in undue financial or administrative burdens. Any determination that
a modification in its policies or procedures to provide an equal opportunity
to participate in, and enjoy the benefits of, a service, program,
or activity for individuals with disabilities would fundamentally
alter the service, program, or activity or unduly burden the City
shall be made by the City ADA Coordinator after consulting with the
City Attorney and after considering all resources available for use
in funding and operating the program, service, or activity. The decision
shall be accompanied by a written statement of the reasons for reaching
that determination.
When barrier removal is "technically infeasible" or when reasonable
modification would result in "undue financial or administrative burden"
or "fundamental alteration in the nature of a service, program, or
activity," the procedures in this policy will help ensure that the
City adheres to the requirements of the ADA regulations and guidelines
with respect to burden and infeasibility.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6, 2014]
Shall mean and include:
Qualified interpreters, note takers, transcription services,
written materials, assistive listening systems, and other effective
methods for making aurally delivered materials available to individuals
with hearing impairments;
Qualified readers, taped texts, audio recordings, Braille materials,
large print materials, or other effective methods for making visually
delivered materials available to individuals with visual impairments;
Acquisition or modification of equipment or devices; and
Other similar services and actions.
As defined by the ADA at 42 U.S.C. § 12102 and
with respect to an individual shall mean (a) a physical or mental
impairment that substantially limits one or more of the major life
activities of such individual, (b) a record of such impairment, or
(c) being regarded as having such an impairment.
Shall mean an individual with a disability who, with or without
reasonable modifications to rules, policies, or practices, the removal
of architectural, communication, or transportation barriers, or the
provision of auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services, the participation in programs
or activities provided by the City, or is subject to the laws, rules
and regulations of the City.
Shall mean modifications or adjustments to a program, service,
legal requirements and statutes or activity that will enable equal
access, to the maximum extent possible, for qualified individuals
with a disability.
With respect to an alteration of a building or a facility,
technically infeasible is something that has little likelihood of
being accomplished because existing structural conditions would require
removing or altering a load-bearing member that is an essential part
of the structural frame; or because other existing physical or site
constraints prohibit modification or addition of elements, spaces,
or features that are in full and strict compliance with the minimum
requirements.
Shall mean significant difficulty or expense. In determining
whether an action would result in an undue burden, the City shall
consider all City resources available to the program or component
for which the product is being developed, procured, maintained, or
used or entitlements, approvals or permits sought.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6,2014]
(a)
The City will make all reasonable modifications to policies and programs
to ensure that people with disabilities have an equal opportunity
to enjoy all of its programs, services, and activities, and will permit
exceptions to stated local zoning, vehicle, parking, building, and
employment standards, requirements, and practices when necessary and
reasonable to ensure equal opportunity.
(b)
Any disabled person, his or her representative, or any developer
or provider of housing for one or more people with a disability may
request an accommodation from any of the City's rules, policies,
practices, and/or procedures when such accommodation is reasonable
and necessary to afford such persons equal opportunity and access
as citizens who are not disabled.
(c)
Anyone who requires an auxiliary aid or service for effective communication,
or a modification of policies or procedures to participate in a program,
service, or activity of the City, should contact the ADA Coordinator,
as soon as possible but no later than 48 hours before the scheduled
event. Please include the name, location and date of the service or
program, and your contact information. While requests for auxiliary
aids or services can usually be accommodated with limited notice,
please be advised that other requests for accommodation, including
but not limited to requests for exceptions to local zoning and buildings
standards, regulations, and practices will require the completion
of a request for accommodation application.
(d)
The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons
with disabilities so they can participate equally in the City's
programs, services, and activities, including qualified sign language
interpreters, documents in Braille, and other ways of making information
and communications accessible to people who have speech, hearing,
or vision impairments. Requests for aids or services for effective
communication should be directed to the ADA Coordinator, with as much
advance notice as practicable.
(e)
In the provision of auxiliary aids or services, including modifications
in policies, practices, or procedures, the City will not place surcharges
on individuals with disabilities to cover the costs involved in making
programs, services or activities accessible.
(f)
City facilities are either fully structurally accessible to individuals
with disabilities or will be made fully accessible. Should any facility
not be fully accessible, all services normally provided to the public
at that location will be provided at a fully accessible location upon
request.
(g)
In cases of emergency services, which are unplanned and may require
complex and important communication, interpretation services consistent
with the requirements of the ADA will be arranged to the extent practicable.
(h)
If the reasonable accommodation involves deviation from the City's
vehicle standards, the request shall be heard by the Vehicle Hearing
Officer or his or her designee, subject to all applicable regulations
for notice, determination and appeal.
(i)
If the reasonable accommodation involves deviation from the City's
building standards or zoning regulations, the request shall be heard
by the Planning Commissioner or his or her designee, subject to all
applicable regulations for notice, determination and appeal.
(j)
The City's ADA Coordinator shall coordinate the City's
efforts to comply with and carry out its responsibilities under Title
II of the ADA and applicable State law, including investigation of
any complaint communicated to the City alleging its noncompliance
or alleging any actions that are prohibited under the ADA. The City
shall make available to all interested individuals the name, office
address, telephone number, and email of the ADA Coordinator and shall
provide for procedures for the prompt and equitable resolution of
complaints alleging any action that is prohibited under the ADA. Complaints
that a program, service, or activity of the City is not accessible
to persons with disabilities should be directed to the ADA Coordinator.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6,2014]
(a)
A disabled person, or his or her representative, who desires to request
an accommodation may do so by filing an application with City's
ADA Coordinator. Requests for auxiliary aids and services may be made
up to 48 hours before the event needing accommodation; other requests
should provide at least 30 days' notice.
(b)
If an individual needs assistance in making the request for accommodation
or reducing such request to writing, the ADA Coordinator will endeavor
to provide the assistance necessary to ensure that the process is
accessible to the applicant or representative.
(c)
The application shall require the following:
(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;
(3)
Identification and description of the disability which is the
basis for the request for accommodation, including a description of
the effect the disability has on the disabled individual's medical,
physical, or mental limitations. At the discretion of the ADA Coordinator,
physician or other similar verification of the disability may be required.
For any information marked as confidential by the applicant, the City
will keep such information confidential and not disclose such information,
unless required by law, subpoena, or similar legal process;
(4)
The rule, regulation, policy, practice, or procedure of the
City for which the request for accommodation is being made;
(5)
If applicable the specific event of the City for which the request
for accommodation is being made;
(6)
The type of accommodation being sought and an explanation as
to why it is necessary. When appropriate, this shall include a summary
of any potential alternative means of accommodation;
(7)
Where applicable, copies of correspondence, pictures, plans,
or other appropriate background information reasonably necessary for
the City to reach a decision regarding the feasibility and necessity
of the accommodation. Additional information may be required at the
discretion of the ADA Coordinator;
(8)
If the modification is related to building or zoning standards,
verification that adjacent property owners have been notified of the
potential modification shall be required.
(d)
The ADA Coordinator may, at his or her discretion, consider a request
for accommodation to be ongoing and may not require a new request
for each instance of accommodation. In other circumstances, individuals
shall submit a new request for each instance of accommodation.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6, 2014]
(a)
Auxiliary Aids and Services. Requests for auxiliary aids and services
may be approved without findings or written conclusions by the ADA
Coordinator, or his or her representatives.
(b)
Findings. For all other types of requests for accommodation, including
but not limited to those requesting exceptions to stated zoning, building,
vehicle and employment rules, regulations, practices, and procedures,
the following findings shall be analyzed, made, and adopted before
any action is taken to approve, approve with conditions, or deny a
request for accommodation, and must be incorporated into the record
of the proceeding relating to such decisions:
(1)
Whether the request for accommodation is reasonable and necessary
to afford the applicant with equal opportunities as citizens who are
not disabled;
(2)
Whether there are preferable and feasible alternatives to the
requested accommodation that may provide an equivalent level of benefit;
(3)
The physical attributes of any proposed changes to properties
and structures;
(4)
Whether the requested accommodation will require a fundamental
alteration of the City's rules, regulations, policies, practices,
or procedures;
(5)
Whether the requested accommodation will result in an undue
financial or administrative burden to the City;
(6)
If zoning related, whether the requested accommodation would
result in a detriment to the character of the neighborhood;
(7)
Whether the requested accommodation, under the specific circumstances,
will result in a direct and significant threat to the health or safety
of other individuals or property; and
(8)
Any other factors that may have bearing on the request.
(c)
Conditions of Approval. Any modification granted for an individual
with a disability may be considered a personal accommodation for the
individual applicant, and may not run with the land. The conditions
of approval may, where deemed appropriate, provide for any or all
of the following:
(1)
Periodic inspection of the affected premises, as specified in
the conditions, to verify compliance with this section and with any
other applicable conditions of approval.
(2)
Prior to any transfer of interest in the premises, notice to
the transferee of the existence of the modification, the personal
status of the modification and the requirement that the transferee
apply for a new modification, if necessary.
(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 conditions deemed necessary to protect the public health,
safety, and welfare.
(d)
Notice of Determination. When practical, the Planning Commissioner, Vehicle Code Officer, or the ADA Coordinator or his or her representative, as applicable, shall issue a written notice of decision within 30 days of the submittal of the completed application or hearing, as the case may be. The decision shall grant the request, grant the request with conditions, deny the request, or offer approval of an alternative accommodation. The request shall be denied if the result of granting the request would lead to a violation of Federal or State law. The notice shall contain the factual findings, conclusions, and reasons for the decision and give notice of the right to appeal as set forth in § 1-8.07 of this chapter. The notice shall be mailed to the applicant by certified mail to the address listed on the application for the request.
[§ 1, Ord. 1106-11, eff. March 31, 2011; § 3, Ord. 1132-14, eff. November 6, 2014]
(a)
Appeal of Notice of Decision. Any person dissatisfied with the decision
provided by the ADA Coordinator, the Planning Commissioner or the
Vehicle Code Officer, or any such designee thereof, pursuant to this
chapter may appeal the decision to the City Council. The appeal shall
be in writing, shall be filed with the City Clerk, and shall be submitted
within 30 days of receiving the decision being appealed.
(b)
The City Council shall review the appeal and may, at their discretion,
request additional information as needed.
(c)
The City Council shall issue a written decision within 30 days of receiving the appeal, with such thirty-day period stayed during any time during which the City Council has requested and yet to receive any additional information regarding the appeal, and may grant the request, deny the request, offer approval of an alternative accommodation, or approval the request with conditions. The City Council may not offer an accommodation more restrictive than what was originally offered. In reaching its decision, the City Council should consider the factors outlined in § 1-8.06(b) of this chapter. Nothing in this chapter shall preclude the applicant from any other State or Federal remedy available to applicant.
