ADA Architectural Barrier RemovalDubuque
THE CITY OF
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Masterpiece on the Mississippi :'
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: ADA-Architectural Barrier Removal
DATE: January 30, 2008
Building Services Manager Rich Russell is recommending adoption of an ordinance that
will permit the enforcement of the American's with Disabilities Act (ADA) on the local
level. Specifically, this ordinance will require the removal of architectural barriers from
places of public accommodation on a readily achievable basis. The ordinance also
adds two members to the Building Code Board of Appeals. These new members would
only sit on the Board of Appeals for ADA-related items.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
January 29, 2008
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
SUBJECT: ADA-Architectural Barrier Removal
INTRODUCTION This memo transmits an ordinance that will permit the
enforcement of the American's with Disabilities Act (ADA) on the local level.
Specifically, this ordinance will require the removal of architectural barriers from
places of public accommodation on a readily achievable basis.
BACKGROUND The City Council established the enforcement of the ADA as
part of the 2007-2009 Management Agenda at their 2007 goal-setting session.
The attached ordinance defines public accommodations, requires removal of
architectural barriers, defines readily achievable, establishes compliance
agreements and enforcement procedures. The ordinance also adds two
members to the Building Code Board of Appeals. These new members would
only sit on the Board of Appeals for ADA-related items.
City Attorney Barry Lindahl and Human Rights Director Kelly Larson worked
together to write the ordinance.
RECOMMENDATION
I recommend that the attached ordinance be adopted.
cc: Barry Lindahl, City Attorney
Kelly Larson, Human Rights Director
ORDINANCE NO. 6-08
AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW
ARTICLE VIII, ACCESSIBILITY CODE FOR READILY ACHIEVABLE
CHANGES.
MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 11 of the Dubuque Code of Ordinances is hereby
amended by adding the following Article VIII:
ARTICLE VIII. Accessibility Code for Readily Achievable Changes
Sec. 11-84. Public accommodations.
A place of public accommodation means a facility whose operations fall within
one of the following categories:
(a) An inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five (5) rooms for rent or hire
and that is actually occupied by the proprietor of such establishment as the
residence of such proprietor;
(b) A restaurant, bar or other establishment serving food or drink;
(c) A motion picture house, theater, concert hall, stadium or other place of
exhibition or entertainment;
(d) An auditorium, convention center, lecture hall or other place of public
gathering;
(e) A bakery, grocery store, clothing store, hardware store, shopping center or
other sales or rental establishment;
(f) A Laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service,
shoe repair service, funeral parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a health care provider, hospital
or other service establishment;
(g) A terminal, depot or other station used for public transportation;
(h) A museum, library, gallery or other place of public display or collection;
(i) A park, zoo, amusement park or other place of recreation;
(j) A nursery, elementary, secondary, undergraduate, or postgraduate private
school or other place of education;
(k) A day care center, senior citizen center, homeless shelter, food bank,
adoption agency or other social service center establishment; and
(I) A gymnasium, health spa, bowling alley, golf course or other place of
exercise or recreation.
Sec. 11-85. Owner defined; Landlord and tenant responsibilities
For purposes of this Article, owner shall mean the owner of a building that is or
houses a place of public accommodation, a landlord who owns property that is or
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houses a place of public accommodation) and a tenant who owns or operates a
place of public accommodation.
Sec. 11-86. Removal of architectural barriers if readily achievable.
(a) It shall be a violation of this ordinance for an owner of a public
accommodation to~ fail to remove architectural barriers, and communication
barriers that are structural in nature, in any public accommodation, where such
removal is readily achievable. The phrase "readily achievable" shall have the
meaning set forth under the Americans with Disabilities Act of 1990 (42 U.S.C.
12182), as amended, and any implementing regulations.
(b) Where an owner can demonstrate that the removal of a barrier under
subsection (a) is not readily achievable, an owner shall nonetheless be required
to make existing facilities available through alternative methods if such methods
are readily achievable.
Sec. 11-87. General Enforcement.
The. building official is authorized to take such action as may be necessary to
enforce this Article.
Sec. 11-88. Compliance agreements.
In lieu of or in addition to any penalty or procedure authorized herein or by law,
the building official and an owner accused of violating Chapter 11, Article VIII
may enter into a written agreement providing for the proper and timely abatement
of violations. A compliance agreement may include a description of the specific
action that will be taken to abate violations or to provide greater accessibility, a
compliance timetable, a requirement for performance security, notice procedures
and reporting requirements, liquidated penalties and other items reasonably
related to the proper and timely abatement of violations. A compliance
agreement shall constitute a written contract between the city and the owner
which may be enforced by any appropriate action at law or in equity, including an
action for specific performance or injunctive relief. A compliance agreement shall
run with the land and shall be recorded. The violation of a compliance agreement
shall constitute a separate violation of this Article. A compliance agreement shall
not relieve an owner from the continuing obligation to comply with this Article or
any other law or regulation pertaining to accessibility.
Sec. 11-89. Notices and orders of building official
(a) Whenever the building official has inspected or caused to be inspected any
place of public accommodation and has found and determined that there exist
.barriers whose removal is readily achievable, the building official shall
commence proceedings to cause the removal of such barriers.
(b) The building official shall attempt to reach an agreement with an owner
alleged to have violated this Article on a plan for proper and timely abatement of
violations. Such agreement shall be in writing signed by all of the owners and
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the building official and shall include a description of the specific action that will
be taken by the owner to abate the alleged violations or to provide greater
accessibility, and a compliance timetable. A failure to abate the alleged
violations in accordance with the timetable shall constitute a municipal infraction.
(c) If the building official and an owner alleged to be in violation of this Article are
unable to reach agreement within 30 days of inspection, for the abatement of
the alleged violations, the building official shall issue a notice and order
directed to all of the owners of the public accommodation. The notice and
order shall include:
(1) The street address and a legal description sufficient for identification of the
premises upon which the building is located.
(2) A statement that the building official has found that barriers exist wl-pose
removal is readily achievable.
(3) A statement of the action required to be taken as determined by the
building official. Such order shall require that all required permits be secured
therefor and the work physically commenced and completed within such time
as the building official shall determine is reasonable under all of the
circumstances, but not to exceed twelve months from the date of the order.
(4) Statements advising (a) that an owner may appeal from the notice and
order or any action of the building official to the building code and advisory
appeals board, provided the appeal is made in writing as provided in this
Article and filed with the building official within thirty (30) days from the date of
service of such notice and order; and (b) that failure to appeal will constitute a
waiver of all right to an appeal of the matter. The building code and advisory
appeals board shall follow the appeals and hearing process set forth in
sections 11-26 and 11-27 of this Chapter, except that the board shall be
supplemented with two additional members as described in section 11-89 for
purposes of appeals under this Article.
(d) Service of the notice and order shall be made upon all persons entitled
thereto either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each such person
at such person's last known address. If no address of any such person is
known to the building official, then a copy of the notice and order shall be so
mailed, addressed to such person, at tl.e address of the building involved in
the proceedings and a summary of the notice and order shall be published in
a newspaper as defined in Section 618.3 of the Iowa Code published in and
having general circulation in the City. The failure of any such person to
receive such notice shall not affect the validity of any proceedings taken
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under this section. Service by certified mail in the manner herein provided
shall be effective on the date of mailing.
(e) Proof of service of the notice and order shall be certified to at the time of
service by a written declaration under penalty of perjury executed by the
persons affecting service, deGaring the time, date, and manner in which
service was made. The declaration, together with any receipt card returned in
acknowledgement of receipt by certified mail, or affidavit of publication, shall
be affixed to the copy of the notice and order retained by the building official.
Sec. 11-90. Supplemental Membership on Building Code and Advisory Appeals
Board.
For purposes of enforcement of this Article, two additional members shall be
appointed by the City Council to the Building Code and Advisory Appeals Board.
The two additional members shall participate only in appeals under this Article.
The terms of the two additional members shall be three years.
Sec. 11-91. Licenses and permits.
In addition to any other remedy provided herein or otherwise under law, the City
Manager, upon providing notice and an opportunity to be heard, may refuse to
issue to an owner any license or permit provided for by ordinance for a failure of
an owner to comply with this Article, and may condition, suspend or revoke any
license or permit provided for by ordinance for a failure of an owner to comply
with this Article .
Sec. 11-92. Responsible parties.
Unless otherwise provided by regulations promulgated under the Americans with
Disabilities Act, all owners shall be jointly and severally responsible for
compliance with this Article.
Passed, approved and adopted this 4th day of February, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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