(A)

Purpose and intent. The purpose of this Section is to implement a procedure 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").

City staff is hereby authorized to develop and implement internal operating procedures to carry out the provisions of this reasonable accommodation ordinance and the provisions of federal law.

(B)

Applicability. Any person who is disabled, or qualifying entities, may request a reasonable accommodation with respect to the City's ULDR, 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 verbally advising individuals that they may request a reasonable accommodation.

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.

(Ord. No. 2019-007, § 3, 10-7-19)

There is no fee to submit a request. 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 Compliance, and Community Development Services. Completed forms should be submitted to the City Manager's Office.

(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 City, to the extent permitted by law, treat such information as confidential.

The City 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 City will comply with any 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 City will not impose a fee for processing a request for reasonable accommodation or an appeal of a decision related to such request.

The City has no obligation to pay an applicant's attorney's fees or costs in connection with a request or an appeal.

(C)

City assistance. To ensure the process is accessible, the City will provide an 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.

(Ord. No. 2019-007, § 3, 10-7-19)

(A)

In determining whether the reasonable accommodation request will be 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 of Wilton Manors will grant or deny the request within thirty (30) calendar days after receiving all information and documentation from the requesting individual. The City will not make a determination until all necessary information has been received.

Should the City require additional time to make a determination, the City will provide the requester the reasons for the delay within the timeframe the City otherwise would have had to make a determination.

(C)

If the reasonable accommodation request seeks a variance pursuant to Article 120, such variance request shall be processed by City staff and the City Commission will render the decision as to whether or not the variance will be granted. City staff will process and render a decision on all other reasonable accommodation requests which are not related to a variance.

(Ord. No. 2019-007, § 3, 10-7-19)

If a reasonable accommodation request that is related to a variance is denied by the City Commission, then pursuant to Article 75, Section 75-040, the final determination of the City Commission is subject to judicial review in a court of competent jurisdiction.

For all non-variance matters, 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. Any appeal not timely filed as set forth above shall be waived. Assistance in completion of the Appeal form will be provided by City Officials if needed. The City of Wilton Manors 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 non-variance reasonable accommodation request will be provided a hearing with the City Commission. The hearing shall occur within thirty (30) days of the receipt of the appeal, unless waived by the applicant, and a written decision shall be rendered within twenty (20) days of the hearing. Individuals requiring accommodations in order to participate in the hearing should contact the City Clerk at 954-390-2123 as soon as possible, and no later than twenty-four (24) hours in advance of the hearing to request such accommodation.

The official or employee whose action is being appealed shall prepare a written statement to the City Commission covering the relevant issues involved and the sections and subsections of local, state, or federal regulations governing same.

The City Commission may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made. The concurring vote of four (4) members of the City Commission shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant upon any matter which it is required to pass. If an application does not receive four (4) affirmative votes upon roll call, the application shall be considered as denied.

Pursuant to Article 75, Section 75-040, the final determination of the City Commission is subject to judicial review in a court of competent jurisdiction.

(Ord. No. 2019-007, § 3, 10-7-19)

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 zoning ordinance, rules, policies, and procedures against the applicant.

(Ord. No. 2019-007, § 3, 10-7-19)

Approvals of requests for reasonable accommodation shall expire in one hundred eighty (180) days if not implemented by the applicant.

(Ord. No. 2019-007, § 3, 10-7-19)