19-022 ORDINANCE 19-022
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
LAND DEVELOPMENT REGULATIONS CHAPTER 2,
• ARTICLE II, SECTION 4.F ENTITLED "REQUESTS FOR
ACCOMMODATION"; PROVIDING FOR CODIFICATION;
CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, as part of a Voluntary Compliance and Conciliation
Agreement,the City has adopted a Reasonable Accommodation Policy as approved
by the Department of Housing and Urban Development; and
WHEREAS, pursuant to the Voluntary Compliance and Conciliation
Agreement, the City is required to amend its existing Reasonable Accommodation
• Ordinance to ensure consistency with the Reasonable Accommodation Policy; and
WHEREAS, the proposed amendments to the Reasonable Accommodation
Ordinance includes a thorough definition of Reasonable Accommodation including
enabling laws represented by the Fair Housing Act(FHA),Title II of the Americans
with Disabilities Act(ADA), and Section 504 of the Rehabilitation Act; and
WHEREAS, the proposed amendments establish detailed protocol for
I processing requests for Reasonable Accommodation with an emphasis on
immediate, direct and clear communication and interaction with applicants,
including the specific form letters to be used in the process; and
WHEREAS, Section 4.F continues to represent the City's commitment to
. maximize the awareness of the public of the application process,and to work closely
. with each eligible applicant to ensure that accommodations are provided, even to
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the extent of working with each eligible applicant to arrive at acceptable alternative
solutions when necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being
true and correct and are incorporated herein by this reference.
Section 2: The Land Development Regulations, Chapter 2,Article II,
Section 4.F,entitled "Requests for Accommodation" is amended as follows:
1.In-General.
a. Purpose and Intent.
The purpose of this section is to implement the City's Reasonable
Accommodation Policy, to make available a procedure, in part, that is straightforward
' and not burdensome for processing requests for reasonable accommodation to the city's
Code of Ordinances, Land Development Regulations, rules, policies, and procedures for
' persons with disabilities, as provided by Federal Fair Housing Act, Americans with
' Disabilities Act; Civil Rights Act, and the Rehabilitation Act (collectively "Federal
Law:),
b. Applicability.
Any person who is disabled, or qualifying entities, may request a reasonable
accommodation with respect to the city's Land Development Regulations, Code of
Ordinances, rules, policies, practices and/or procedures as provided by Federal Law
pursuant to the procedures set forth in this section. For purposes of this section, a
"disabled person" is an individual that qualifies as disabled and/or handicapped pursuant
to Federal Law, as may be amended from time to time. The word "individual" shall
' include, for purposes of this section, multiple people or multiple qualified entities.
c. Notice to the Public of Availability of Accommodation.
The city will provide notice to the public advising that individuals may request a
' reasonable accommodation. Such notice may include, but is not limited to, displaying a
notice in the city's physical or electronic bulletin boards; providing hard copies of the
' forms, policies, and procedures at various locations throughout City Hall; and through
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. .. ', _ ommunications with the public in response to specific inquires
regarding group homes or reasonable accommodation, requests for zoning verification,
' and/or as part of the processing of building permit or business tax receipt applications.
The city's forms,policies, and procedures,as may be amended from time to time,
provide the specific information that is necessary to implement the general policies in this
section.
2. Submittal Requirements.
A request by an applicant for reasonable accommodation under this section may
be either oral or written.The City has prepared a reasonable accommodation request form
for the public's use. The request form and all forms related to this section are available
from the City Clerk, Code Enforcement, and Development. Completed forms should be
submitted to the Human Resources/Risk Department and the Citv's ADA Coordinator.
Requests and inquiries may he e-mailed to the City at ADA a@bbfl.us.
a. Confidential Information.
Should the information submitted by an applicant include medical information or
other confidential information, the individual may, at the time of submitting such
information, request that the eCity,to the extent permitted by law,treat such information
as confidential. disclosing the information only to those individuals who need the
information as part of the review process.-
The eCity will honor the confidentiality request to the extent permitted by law. The
city has no obligation to initiate, prosecute, defend, or pursue any legal action related to
the confidentiality request, or to incur any legal or other expenses (whether by retention
of outside counsel or allocation of internal resources), in connection with any such legal
action.
The eCity will comply with anv judicial order related to the records which are the
subject of a confidentiality request.
This section is subject to local, state,and federal revisions to privacy laws, including
but not limited to the Health Insurance Portability and Accountability Act(HIPAA), as it
may be amended from time to time.
b. Fees.
The Ceity will not impose a fee for processing a request for reasonable
accommodation or an appeal of a decision related to such request.
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I The eCity has no obligation to pay an applicant's attorney's fees or costs in connection
with a request or an appeal.
c. City Assistance.
I To ensure the process is accessible, the eCity will provide ant4the applicant with
assistance and accommodation as required by Federal Law including, but not limited to,,
• assistance with reading application questions, responding to questions, completing the
form, filing an appeal, and appearing at a hearing.
3. Response to Reasonable Accommodation Request.
a. In determining whether the reasonable accommodation request will be
11 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 are handicapped or
disabled, as defined in Federal Law, as may be amended from time to time.
' b. The City will grant or deny the request within 30
calendar days after receiving all information and documentation from the requesting
' ' individual using the Request for Additional Information form letter. The City will not
make a determination until all necessary information has been received.
Should the City reguire_additional time_to make a determination, the City will
' provide the.._requester the reasons for the delay within the_.litncframe the City otherwise
would have had to make a determination.
'c c. Interim Accommodations.
Interim accommodations shall be provided by the City if the requested accommodations
• cannot be provided at the time of approval, based on a reasonable time period as
' ' communicated to the requester.
'' #:d. If the City concludes that there are justifiable reasons for denying the
' request, the City shall. using an interactive process with the applicant, facilitate the
' consideration of alternative effective accommocations necessary to meet the disability-
'' related needs that would not cause a fundamental alternation of the City's operations
and/or the City's zoning scheme,or impose an undue administrative and financial burden
'c on the City.
•
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[V1. Appeal.
In the event a reasonable accommodation request is denied, individuals have a right
to appeal and must do so in writing using the "Application to Appeal Denial of Request
for Reasonable Accommodation"form within 30 calendar days of receipt of the letter of
denial. Assistance in completion of the Appeal form will be provided by City Officials if
• needed. The City of Boynton Beach will honor extensions where there is good cause,
including when an individual requests additional time as a reasonable accommodation.
Individuals who appeal the denial of their reasonable accommodation request will be
provided a hearing with the City's Special Magistrate. Following the hearing,the Special
Magistrate will either uphold the denial or require the City to grant the reasonable
I
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accommodation request.
' ' V5. Stay of Enforcement.
1 : While an application for reasonable accommodation, or an appeal of a
determination of same, is pending before the city, the city will not enforce the subject
i • zoning ordinance, rules, policies, and procedures against the applicant.
' ' 6. Expiration of Approvals.
Approvals of requests for reasonable accommodation shall expire in one hundred
' eighty(180) days if not implemented by the applicant.
1 : Section 3: It is the intention of the City Commission,and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of the Code and
" Ordinances of the City of Boynton Beach, Florida.
Section 4: All Ordinances and Resolutions or parts of Ordinances and
c Resolutions in conflict herewith, be and the same are hereby repealed, to the extent of
such conflict.
Section 5: If any clause, section or other part of this Ordinance shall be held
' . invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby, but shall remain in full force and effect.
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1 Section 6: This Ordinance shall become effective upon passage and adoption.
2 FIRST READING THIS ( DAY OF aAt usil ,2019.
3 �1 ,�J/��
4 SECOND,FINAL READING AND PASSAGE this d.04-day 4 day of Rvt; Sf,
5 2019.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9 YES NO
1,0
_1 Mayor—Steven B. Grant
1.2
L3 Vice Mayor—Justin Katz t/
_A
S Commissioner—Mack McCray
L6
17 Commissioner—Christina L. Romelus ✓
1$
Commissioner—Ty Penserga
20
VOTE .O
22 ATTEST:
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26 Cry tal Gibson, M C
27 City Clerk
2.8
19
30 (Corporate Seal)
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32
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