CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 9. ADA Compliance

Article 9. ADA Compliance

4-901.        Inspections.

Building plans for any new structure constructed within the City or any structure which is being remodeled and which will be open to the public, including all city-owned buildings and facilities, shall be provided to the ADA Compliance Officer for his or her review prior to issuance of a building permit so that potential ADA compliance issues may be identified and addressed. Likewise, the ADA Compliance officer must be allowed to have access to the construction or remodeling at all phases of construction to ensure ADA compliance.

4-902.        Compliance.

Should the ADA Compliance Officer identify a compliance issue, he or she will provide a written directive of corrective action and provide same to the owner of the property within ten (10) working days of his inspection of the plans or site. Failure of the property owner to comply with the written directive of the ADA Compliance officer within a time reasonable to the construction process and the issue identified, may result in the matter being referred to the City Attorney for compliance action.

4-903.        Civil penalties.

Upon referral from the ADA Compliance Officer, the city attorney may file a complaint under this article for failure to comply. The city attorney will prepare a Notice to Appear and have same served upon the property owner informing the owner of the issue(s) of non-compliance and the date the owner is to appear in city court.

Upon a finding by the court, by preponderance of the evidence, that the property owned failed to comply with a lawful written direction of the ADA Compliance officer, the property owned may be penalized by a fine of One Hundred Dollars ($100.00) per day of non­ compliance for each day after the construction or remodeling project is substantially completed. A project is substantially completed when the only work left to do is finishing type work and clean up or within five days of occupancy and/or opening to the public. Each consecutive 24-hour period during or on which a violation occurs or continues shall constitute a separate offense and shall be punishable as such under the provisions of this chapter.