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HomeMy WebLinkAbout13-016ORDINANCE 13-016 f/k/a Ordinance No. 13-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On Thursday, February 21, 2013, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 3. On March 19, 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on March 8, 2013. 4. On April 2, 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on March 21, 2013. 5. "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 andjor the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations under the referred statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. 6. 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. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY _1_ FILE # 3821291 04/1012013 at 08:26 AM Underlined passages are added. OR BOOK 3505 PAGE 579 -585 Doc Type: ORDN RECORDING $61.00 7. The County does not have reasonable accommodation procedures which have been codified within the County's Land Development Code, but the County has received one request for a reasonable accommodation. 8. The County intends to consider the pending reasonable accommodation request under the guidelines contained herein and the adoption of this Ordinance shall apply retroactively to the pending request for a reasonable accommodation. 9. The County hereby desires to adopt within the County's Land Development Code, 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: Section 7.10.30 REASONABLE ACCOMMODATION PROCEDURES 1. This section implements the policy of St. Lucie County for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housinq Amendments Act (42 U.S.C. 3601, et. Sea.) (~~FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. Sea.) ("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. Anv person who is disabled (or aualifvina entities) may reauest a reasonable accommodation with respect to the County'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 reauest by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation reauest form, which form is maintained by (and shall be submitted to) the Planning and Development Services (PD&S) Department. The reasonable accommodation reauest form shall be substantially in the form set forth in Section 10 below. 3. Should the information provided by the disabled individual to the County 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, reauest that the County, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The County shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any reauest received by the 5trne\'! passages are deleted. -2- Underlined passages are added. County for disclosure of the medical information or documentation, which the disabled individual has previously requested be treated as confidential by the County. The County will cooperate with the disabled individual, to the extent allowed by taw, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the County 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 iudicial order without prior notice to the disabled individual. 4. The County Administrator, or his/her desianee. shall have the authority to consider and act on requests for reasonable accommodation, after notice and a hearing to receive any additional information from the applicant. When a reasonable accommodation request form has been completed and submitted to the PD&S Director, it will be referred to the County Administrator, or desianee, for review and consideration. The County Administrator, or desianee, shall issue a written determination within forty-five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Anv 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 County Administrator, or designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The reauestinq party shall have fifteen (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 forty-five (45) day period to issue a written determination shall no longer be applicable, and the County Administrator, or designee, shall issue a written determination with thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) day period, the County Administrator, 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 County with regard to said reasonable accommodation request shall be required. 5. In determining whether the reasonable accommodation request shall be granted or denied, the reauestinq 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 the FHA and/or ADA. Although the definition of disability is subiect to iudicial interpretation, for purposes of this ordinance, the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more 5:. _ ~.:?.. _ ~ passages are deleted. '3' Underlined passages are added. maior life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the reauesting partv will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and eniov housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation reauest made by the County Administrator, or designee, or by the Board of County Commissioners in the event of an appeal. 6. Within thirty (30) days after the County Administrator's, or designee's determination on a reasonable accommodation reauest is mailed to the reauestina partv, 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 Board of County Commissioners who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. 7. There shall be no fee imposed by the County in connection with a reauest for reasonable accommodation under this section or an appeal of a determination on such reauest to the Board of County Commissioners, and the County shall have no obligation to pay a reauestina party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the reauest, or an appeal. 8. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the County, the County will not enforce the subiect zoning ordinance, rules, policies, and procedures against the Applicant. However, should the applicant proceed with any property purchase, buildings construction, or other work associated with establishing a proiect or residence housing individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application or appeal for reasonable accommodation is pending, the Applicant understands that any of these actions are done at the Applicant's own risk because the application or appeal may be denied. 9. The following general provisions shall be applicable: ~ The County shall display a notice on the County's webpaae (and shall maintain copies available for review in P&Z, the Building/Permitting Division. and the Citv Clerk's Office) advising the public disabled individuals (and qualifying entities may reauest 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. ~ The County shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's reauest for reasonable accommodation, including without limitation, assistance with reading application auestions, responding to auestions, completing the form, filing an appeal„ 5troe\ ! „' passages are deleted. '4' Underlined passages are added. and appearing at a hearing, etc., to ensure the process is accessible. 10. Reasonable Accommodation Request Form: 1. Name of Aoolicant: Telephone Number: 2. Address: 3. Address of housing or other location at which accommodation is requested 4. Describe aualifvina disability or handicap: 5. Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought: 6. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and eniov the housing or other service: 7. Name, address and telephone number of representative, if an~licable: 8. Other information: 9. Signature of disabled individual or reoresentative. if applicable, or qualifying entity: Date: 3..._:. ~.. __,:~ passages are deleted. 'S' Underlined passages are added. PART B. CONFLICTING PROVISION. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula Lewis AYE Commissioner Kim Johnson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or E:. _ ~.:~.. _ o:. passages are deleted. '6' Underlined passages are added. relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this 2ND day of April, 2013. AT7 C BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ~~ / Chairman ~" APPROVED AS TO FORM AND CORRECTNESS: BY: ~~. County Attorney 5:..._'.:{.....o:+passages are deleted. '7' Underlined passages are added. ~ ,, ~ u ~:-- FLURIDA DEPARTMENT 0 S_ 'TA E RICK SCOTT Governor October 13, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section ] 25.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 13-016, which was filed in this office on October 13, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.tl.us