9809.8. - Expiration and discontinuance.

A.

Expiration. Any reasonable accommodation approved in accordance with the terms of this division shall expire within twenty-four (24) months from the effective date of approval, or at an alternative time specified as a condition of the approval, unless:

1.

A building permit has been issued and construction has commenced; or

2.

A certificate of occupancy has been issued; or

3.

The right granted by the accommodation has been exercised; or

4.

A time extension has been granted by the director or planning commission, whichever has authority over the granting of the reasonable accommodation.

B.

Discontinuance. If the disabled person for whom the reasonable accommodation was originally granted vacates the residence, or if the director finds that the accommodation is no longer necessary for the use and enjoyment of the residence pursuant to subsection 9809.5.A., the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

The director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the city shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

(Ord. No. 11-393, § 4, 1-11-2012)