§ 23.2-34. Request for reasonable accommodation for disability.

a)

Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, regulations, rules, policies, practices, services, programs and activities for qualified persons with disabilities as required by the Federal Fair Housing Act ("FHA"), Americans with Disabilities Act ("ADA") and Rehabilitation Act ("RA"). Any qualified person with disabilities may request a reasonable accommodation with respect to the City's Code of Ordinances, regulations, rules, policies, practices, services, programs or activities, or LDRs, pursuant to the procedures set out in this section.

b)

Definitions.

1.

"Qualified person with disabilities" means an individual that meets the definition of a "qualified individual with a disability" under the ADA (42 U.S.C. 12131); "individual with a disability" under the RA (29 U.S.C. 705); a person with a "handicap" under the FHA (42 U.S.C. 3602); or, a "qualifying entity" under this section.

2.

"Qualifying entity" includes but is not limited to an entity that meets the definition of a sponsoring agency pursuant to F.S. § 419.001.

c)

Application. A request by a qualified person with disabilities for reasonable accommodation under this section shall be made by completion of a reasonable accommodation application available from the city's community sustainability department. The reasonable accommodation application shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request.

d)

Fee. There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section. The city shall have no obligation to pay an applicant's attorney's fees or costs in connection with the request.

e)

Findings for reasonable accommodation . In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to:

1.

Establish that he is protected under the FHA, ADA or RA by demonstrating that he meets the definition of a qualified person with disabilities under the ADA or RA or a person with a handicap under the FHA or that he meets the definition of a qualifying entity under this section.

2.

Demonstrate that the reasonable accommodation being sought is both reasonable and necessary.

f)

Notice of determination . City staff shall have the authority to consider and act on requests for reasonable accommodation based on the information provided on the reasonable accommodation application. City staff shall issue a written notice of determination by certified mail, return receipt requested, within forty-five (45) days of the date of receipt of a completed reasonable accommodation application, and may, in accordance with federal law:

1.

Grant the accommodation requested;

2.

Grant a portion and deny a portion of the accommodation requested; or

3.

Deny the accommodation requested in writing, stating the grounds for the denial.

g)

Additional information. If reasonably necessary to reach a determination on the request for reasonable accommodation, city staff may, prior to end of the forty-five-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event that a request for additional information is made, the forty-five-day period to issue a written notice of determination shall no longer be applicable and city staff shall issue a written notice of determination within thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen-day period, city staff shall issue a written notice advising the requesting party that their reasonable accommodation application has been deemed abandoned due to their failure to timely submit the additional information requested. No further action shall be made by city staff with regard to abandoned requests for reasonable accommodation.

h)

Stay of enforcement . While the application for reasonable accommodation is pending, the city will not enforce the subject ordinance, regulation, rule, policy, or practice against the requesting party.