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2016-02 Reasonable Accomodation ProcedureRESOLUTION 2016 -02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF ` NORTH PALM BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR REASONABLE ACCOMMODATION REQUESTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach's application of its zoning and land development regulations and related rules, policies, and practices is governed by constantly - evolving case law addressing the rights of applicants and affected parties under the Fair Housing Act, the Americans with Disabilities Act and other applicable state and federal regulations; and WHEREAS, the Village Council wishes to assure that its zoning and land development regulations treat persons with disabilities and facilities serving them in a non - discriminatory manner while maintaining the fundamental authority of the Village's land use authority; and WHEREAS, the adoption of a reasonable accommodation procedure will permit qualifying individuals or entities to request, where appropriate based on the facts and the law, a modification or "reasonable accommodation" in the application of a specific Code provision, rule, policy or practice in accordance with state and federal law; and WHEREAS, the proposed procedure: (a) is consistent with applicable case law and the legislative history of the subject laws and legal precedent, which encourage local governments to provide an accommodation procedure for claimants, and require claimants to exhaust administrative remedies prior to filing suit; and (b) will provide the Village with the opportunity to resolve claims related to possible unintended violations of federal and state law and to avoid costly litigation; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby authorizes the following procedure for review of requests for reasonable accommodation: REASONABLE ACCOMMODATION PROCEDURE A. Purpose and general provisions. 1. This procedure addresses requests for reasonable accommodation to the Village's zoning or land development ordinances, rules, policies, and procedures for persons with disabilities and facilities serving them as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ( "FHA "), Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ( "ADA "), and other applicable state and federal regulations. Page 1 of 4 2. The following general provisions shall be applicable: (a) The Village shall display a notice in the Village's public notice bulletin board (and shall maintain copies available for review in the \ J Village Clerk's Office) advising the public that disabled individuals and qualifying entities may request reasonable accommodation as provided herein. (b) A disabled individual or qualifying entity may apply for a reasonable accommodation on his /her or its own behalf or may be represented at all stages of the reasonable accommodation process by a person designated in writing by the disabled individual or qualifying entity. (c) The Village shall provide assistance and accommodation as is required pursuant to the 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, and completing the necessary forms to ensure the process is accessible. B. Definitions. For purposes of this chapter, a "disabled" individual or person is an individual that qualifies as disabled and /or handicapped under the FHA, ADA or other state and federal regulation. Any person who is disabled or a qualifying entity serving disabled persons may request a reasonable accommodation with respect to the Village's land use or zoning laws, rules, policies, practices and /or procedures as provided by the FHA, ADA and other state and local regulations pursuant to the procedures set out herein. C. Procedure. 1. A request by an applicant for reasonable accommodation shall be made in writing by completion of a reasonable accommodation request form. The form shall be maintained by, and shall be submitted to, the Community Development Department. 2. The Community Development Director, or his /her designee, shall have the authority to consider and make a recommendation to the Village Council on requests for reasonable accommodation. The Community Development Director, or his /her designee, shall issue a written recommendation within forty-five (45) calendar days of the date of receipt of a completed application and may recommend: (a) Granting the accommodation request; (b) Granting a portion of the request and denying a portion of the request, and /or imposing conditions upon the grant of the request; or (c) Denying the request. Page 2 of 4 If reasonably necessary to reach a recommendation on the request for reasonable accommodation, the Community Development Director, or his/her 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 fifteen (15) calendar 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 recommendation shall no longer be applicable, and the Community Development Director, or his/her designee, shall issue a written recommendation within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said 15 -day period, the Community Development Director, or his/her designee, shall issue a written notice advising that the requesting party has 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 Village with regard to said reasonable accommodation request shall be required. Once the written recommendation is complete, the Community Development Director shall request that the Village Manager place the matter on the next available Village Council agenda. Along with the written recommendation, the Community Development Director shall provide the Village Council with copies of all materials considered by the Community Development Director, including, but not limited to, all materials submitted by the requesting party. Other than public comment, no testimony or additional evidence shall be submitted to the Village Council at the public meeting. The Village Council shall, after due consideration of the Community Development Director's written recommendation and all other materials submitted and considered by the Community Development Director, enter a final written determination accepting, accepting with modification or rejecting the Community Development Director's written recommendation. The notice of determination shall be sent to the requesting party (i.e., the disabled individual, the qualifying entity or the individual's or entity's representative) by certified mail, return receipt requested. Notice shall be deemed complete when deposited in the U.S. Mail. 3. 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, ADA or other applicable state or federal regulation by demonstrating that they are handicapped or disabled, as defined in the FHA, ADA or other state or federal regulation. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show: (a) A physical or mental impairment which substantially limits one (1) or more major life activities; and (b) A record of having such impairment; or (c) That they are regarded as having such impairment. Page 3 of 4 The requesting party shall further 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 the Community Development Director's recommendation and the Village Council's determination on the reasonable accommodation request. 4. While an application for reasonable accommodation is pending before the Village, the Village will not enforce the subject zoning or land development ordinance, rule, policy, or procedure against the requesting party. D. Fee. There shall be no fee imposed by the Village in connection with a request for reasonable accommodation under this section or an appeal of a determination, and the Village shall have no obligation to pay a requesting party's (or an appealing party's) attorneys' fees or costs in connection with a request or an appeal. Section 3. If any section, sentence, clause, or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All Resolutions or parts of Resolutions in conflict with the provisions of this Resolution are hereby repealed. Section 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 28TH DAY OF JANUARY, 2016. Grillage 'Seal) `D MAY R ATTEST: _ - IF u7s INWAIMM I Page 4 of 4