SEC. 16-502. APPEAL OF DETERMINATION.

(A) Administrative permit - A determination by the director regarding a request for reasonable accommodation may be appealed to the hearing officer in accordance with the administrative hearing procedures set forth in article V of chapter 1 of the city code.

(B) Discretionary permit - A determination made by the planning commission for a reasonable accommodation in conjunction with a discretionary land use application may be appealed to the city council by the applicant or any

aggrieved person within 18 calendar days of the date of the determination. Such appeal shall be delivered in writing to the city clerk. An appeal fee as set by city council resolution shall be collected from the appellant. The city clerk shall set a hearing date within 30 days of receipt of the appeal. The city council decision shall be final. (Ord. No. 2848)

SEC.16-502.3. MODIFICATIONS.

A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the director, the requested modification results in a minor change, is within the director’s authority to approve and is consistent with the original approval.

(Ord. No. 2848)

The time limit for initiation of a reasonable accommodation as set forth in the permit that has been approved in accordance with the terms of this division may be extended for good cause for a period not to exceed 24 months by application to the director no less than 60 days prior to the expiration date. The request must be accompanied by the applicable fee for administrative permit extensions.

(Ord. No. 2848)

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 30 days. The reasonable accommodation shall remain in effect after that time only if the director makes a written determination that (1) the modification is physically integrated into the residential structure and cannot be easily removed or altered to comply with code, and (2) the accommodation is necessary to allow another, identified, person with a disability to occupy the dwelling unit within 90 days from the date of the director’s determination. Any reasonable accommodation may be revoked by the original decision maker for any violation of this division or the terms or conditions of the reasonable accommodation, or if any law is violated in connection with the use of the reasonable accommodation. The director shall mail notice of intent to revoke a reasonable accommodation that was granted by an administrative permit, and the permittee may request an administrative hearing regarding such action, in accordance with the procedures set forth in article V of chapter 1 of the city code. (Ord. No. 2848)