HomeMy WebLinkAbout01- Public Works CITY OF SAN BERN " RDINO - REQUEST F^R COUNCIL ACTION
— File 1o. 6.46-1
From: ROGER G. HARDGRAVE Subject: Authorization to Appoint
Handicap Accessibility Appeals
Dept: Public Works Board
Date: 8-4-94
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Ernie Wilson
Al Boughey
Jim Penman
T19-nature
Contact person:_ Roger G. Hardarave Phone: 5025
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:_ N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.- �
CITY OF SAN BERN `RDINO - REQUEST VNR COUNCIL ACTION
y
STAFF REPORT
Notices of Violations relative to handicap accessibility
are being sent to several businesses, in response to a complaint
filed with the Attorney General ' s Office.
It is expected that some of these businesses will submit
appeals of the determination by the "Building Official. " At the
present time, these appeals will be heard by the Mayor and
Council.
Section 19957 . 5 of the State of California Health and
Safety Code provides for a local agency to establish a five (5)
member Handicap Accessibility Appeals Board to hear these
9 appeals . The composition of this Appeals Board will be:
1 . Handicap Person (2)
2 . Person Experienced in Construction (2)
3 . Public Person (1)
The responsibility of this Appeals Board will be to
conduct hearings on written appeals of determinations of viola-
tions by a "Building Official , " and applications for finding of
unreasonable hardship. This Board will have the responsibility
of adopting regulations and procedural rules for fulfilling their
duties .
A procedure for accepting and processing complaints
received by the City is being developed, as provided for by State
law.
We recommend that the Mayor be authorized to appoint a
Handicap Accessibility Appeals Board.
URGENCY CLAUSE:
Since some Notices of Violations have been sent, it is expected
that a portion of the businesses will submit appeals. It is
necessary to have this Board established, in order to hear the
appeals .
8-4-94
75-0264
l
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS
3 BOARD.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS :
5
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to appoint a five (5) member
8 Handicap Accessibility Appeals Board in accordance with
9 provisions of Section 19957. 5 of State of California Health and
Safety Code.
10
11 SECTION 2 . The Handicap Accessibility Appeals Board
12 shall conduct hearings on written appeals to Notices of
13 Violations and applications for Unreasonable Hardship Exception,
14 in accordance with applicable State laws and procedures and
15 regulations adopted by the Mayor and Council.
16 SECTION 3. The Handicap Accessibility Appeals Board
17 decision shall be final and conclusive and shall not be subject
18 to appeal to the Mayor and Common Council. Pursuant to Code of
19 Civil Procedure Section 1094. 6 , any action to review the decision
20 of the Handicap Accessibility Appeals Board shall be commenced
21 not later than the ninetieth (90th) day after the date the
22 Handicap Accessibility appeals Board' s order is adopted.
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8-4-94
RESO: AUTHORIZING APPOINTMENT OF HANDICAP ACCESSIBILITY APPEALS
BOART
z '
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1994 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
17 day of 1994 .
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
22 City Attorney
23 By
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