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HomeMy WebLinkAboutOrdinance_12-25_12/11/2025 ORDINANCE NO. 12-25 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT TO CREATE AN ENTIRELY NEW ARTICLE TO BE ENTITLED "ARTICLE III. —REASONABLE ACCOMMODATIONS" TO CODIFY THE VILLAGE'S EXISTING PROCESS FOR PROCESSING REASONABLE ACCOMMODATION REQUESTS IN HOUSING, INCLUDING SUCH REQUESTS FROM CERTIFIED RECOVERY RESIDENCES AS REQUIRED BY FLORIDA STATUTE SECTION 397.487; REPEALING PRIOR RESOLUTION NO. 5-18; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Florida Legislature adopted SB 954 during the 2025 legislative session which requires all municipalities to adopt an ordinance establishing procedures for the review and approval of certified recovery residences by January 1 st, 2026; and WHEREAS, the Village of Tequesta previously adopted a reasonable accommodation policy via Resolution No. 5-18 and now desires to codify this process into its code of ordinances as required by state law and repeal the prior resolution; and WHEREAS, the Village of Tequesta desires to comply with the aforesaid statutory mandate by adopting appropriate rules and regulations for the review and approval of certified recovery residences which are in the best interests of the public health,safety,morals,convenience, order,prosperity, and general welfare; and WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this ordinance to establish procedures for the review and approval of certified recovery residences as mandated by the state legislature to be in the best interests of the Village and finds that this ordinance will generally promote the public health, safety and welfare of the Village. NOW,THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,THAT: Section 1: Chapter 22-Community Development of the Code of Ordinances of the Village of Tequesta is hereby amended to create an entirely new Article III. — Reasonable 1 Accommodations. Additions are denoted by underline with deletions denoted by strikethrough. Article III.—Reasonable Accommodations shall hereafter be created to read as follows: ARTICLE III.—REASONABLE ACCOMMODATIONS. Sec. 22-110, Purpose and intent, The purpose of this article is to establish procedures for processing requests for Reasonable Accommodation in housing,including those for Certified Recovery Residences,from the Village's Land Development Regulations, all other ordinances, and related rules, policies, practices and procedures, for persons that qualify as disabled and/or handicapped under Title VIII of the Civil Rights Act of 1968 (FHA), the Fair Housing Amendments Act of 1988 (FHAA), the Florida Fair Housing Act(&& 760.20-760.37), Florida Statutes. and Title II of the Americans with Disabilities Act (42 U.S.C. Section L, 12131, et. seq.) (ADA), as these laws may be amended from time to time. Any person who is disabled and/or handicapped, or qualifying entities, may request a reasonable accommodation, pursuant to the procedures set out below. Sec. 22-111, Definitions. For the poses of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein: "Certified Recovery Residence" means-a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator as defined under section 397.311 Florida Statutes as that state law may be amended from time to time. Sec, 22-112, Certified recovery residence: operation license required. In order to operate, a Certified Recovery Residence must first obtain and maintain a business tax receipt for operation within the Village pursuant to Chapter 70. The requisite application forms may be obtained by contacting the Village Clerk's Office. A Certified Recovery Residence must also be in compliance with all Village regulations. In the event a Certified Recovery Residence is unable to operate due to restrictions within this Code of Ordinances a reasonable accommodation may be requested as outlined in section 22-113. 2 Sec. 22-113. Reasonable accommodation procedures, request for reasonable accommodation by persons with disabilities or a qualifying entity, hereinafter the ("Applicant"), may be submitted to the Village. All requests for reasonable accommodation shall be submitted to the Village Clerk's Office. Upon receipt of an application for reasonable accommodation the Village Clerk shall date stamp the application with the date received. The reasonable accommodation request shall at a minimum provide the information outlined in subsection(a). (a) Contents of request. An Applicant making a request for reasonable accommodation shall provide the following information to the Village: (1) The legal name(sl of all persons for whom a reasonable accommodation is sought, and if a ualifying entity,the legal name(s)of all persons for whom it has been authorized to submit n application: (2)Name and address of the Applicant. (3) Address and parcel control number of the location at which the reasonable accommodation is requested, if different from the address of the Applicant. (4) The type of reasonable accommodation being requested, and an explanation of why it is necessary in order for persons with disabilities to live at the location. (5) A description of the Village ordinance,rule, policy,practice or procedure, from which the Applicant seeks a reasonable accommodation. (6) If the disability is not known or readily apparent to the Village,information and/or documentation that(1) certifies the person's disability status under the FHA and/or ADA: 2) describes the needed accommodation: and (3) shows the relationship between the person's disability and the need for the requested accommodation. The Village is not seeking information relating to the nature and severity of the person's specific disability. (7) If the disability is known or readily apparent. but the need for the reasonable accommodation is not known or readily apparent to the Village, an explanation of the relationship between the person's disability and the need for the requested reasonable accommodation. (8) In the case of Certified Recovery Residences, a copy of a Certified Recovery Residences Certificate of Compliance issued by a credentialing entity pursuant to Sec. 397.311, Florida Statutes as that law may be amended from time to time. 3 (b) Applicant's Representative(s): An Applicant may be represented at all stages of the reasonable accommodation process by a person designated by the Applicant as their authorized anent e.g. family member, attorney, or other representative. If an authorized agent, attorney. or other representative is representing a person, or, if applicable, a qualifying entity, a written authorization designating such authorized agent. attorney or representative shall be submitted to the Village, or an in-person meeting between the Village and the applicant shall occur to confirm the Applicant's authorized agent, attorney or representative. The Village is unable to ccept authorizations outside of those made in writing or in-person as such forms of communication (e.g. phone call) do not provide the Village sufficient means to verify the identity of the Applicant. Authorization forms shall be made available by request via the Village Clerk's Office. (c) Village Assistance: The Village shall provide assistance as required by the FHA,the ADA, or other applicable law in connection with a person with disability's request for a reasonable accommodation to ensure the process is accessible. (d) No Fee. No fee shall be imposed by the Village in connection with a request for reasonable acc mmodation under this policy,or for an appeal of a decision by the Village designee to the Special Magistrate. The Village shall have no liability for or legal obligation to pay an Applicant's attorney's fees or costs in connection with the request for reasonable accommodation,or any appeal at any appellate level. (e) Interactive Process: When a request for a reasonable accommodation is made,the Village may engage in an interactive process with the Applicant to devise alternative accommodations that provide the Applicant an opportunity to use and enjoy a dwelling. The commencement of an interactive process does not toll the deadlines for issuance of a notice of determination by the Village designee, or for an appeal hearing before the Special Magistrate as outlined below. unless the Applicant agrees in writing to extend the deadlines. (f) Confidential Information. Upon submittal of any medical information or records, including but not limited to condition, diagnosis, or history related to persons with disabilities. an Applicant may request that the Village, to the extent allowed by law, treat the information or records as confidential.In such case,the Village shall endeavor to keep the Applicant's medical information confidential to the extent permitted by federal and state laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 4 Chapter 119, Florida Statutes (the Florida Public Records Law). The Village shall have no ligation to defend against any action seeking to compel the production of public records, or to incur any legal or other expenses in connection therewith, and shall produce the records to e extent the Village determines the records are not exempt from the Public Records Act. or to comply with any judicial or administrative order without prior notice to the Applicant. The Village, however, shall endeavor to provide notice to the persons with disabilities, or their representative,of any request received by the Village for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by t e Villa e. (g) Review by Village Designee. All applications for reasonable accommodations shall be submitted to the Village Clerk's Office. As soon as practicable after receipt,the Village Clerk shall forward all requests to the Village designee for review. The Village designee shall issue written notice of determination to the Applicant within sixty (60) days from the date the application is received by the Village Clerk's Office. If needed to reach a determination on the re uest for reasonable accommodation,the Village designee,may,within the first(30)days of receipt of the application,issue a written request for additional information to the Applicant, specifying in sufficient detail what information is required. The Applicant shall then have thirty 30) days after the date of the written request for additional information to provide said information. In the event a written request for additional information is made, the sixty (60) day period to issue a written notice of determination shall no longer be applicable, and the Village designee shall issue a written notice of determination within sixty (60) days after receipt of the additional information. If the Applicant fails to provide the requested additional information and/or fails to request an extension of time to provide said information within thirty (30) days after the date of the request for additional information, then the request for reasonable accommodation shall be deemed withdrawn and no further action by the Village shall be required. If a final written determination is not issued within 60 days after receipt of a completed application,the request is deemed approved unless the parties agree in writing to a reasonable extension of time. The applicant may renew their request for reasonable accommodation at any time. The applicant may request additional time to respond either in writing or verbally to the Village Clerk's Office, The Village shall not unreasonably withhold consent to an applicant's request for additional time to respond. 5 (h) Findings for Reasonable Accommodation. In determining whether the reasonable ccommodation request shall be granted or denied.the Applicant shall be required to establish that: (1) They are protected under the FHA or ADA, as defined in the FHA or ADA. Although the definition of disability and/or handicap is subject to judicial interpretation, for poses of this policy, a person with a disability is defined as having: a. a physical or mental impairment which substantially limits one or more major life activities; b. a record of having such impairment: or c. that they are regarded as having such impairment. (2) The proposed reasonable accommodation being sought is reasonable and necessary to afford the person with the disability equal opportunity to use and enjoy housing. An accommodation is not reasonable if it imposes undue financial and administrative burdens on the Village: or requires a fundamental alteration to the Village's zoning scheme. The foregoing, as interpreted by the Courts, shall be the basis for a decision upon a reasonable accommodation request made by the Village designee. (i)Notice of Determination. The Village designee, shall issue a written notice of determination to the Applicant in accordance with Section(h) above,which shall: 1) Grant the accommodation request in full with no conditions: or (2).Impose conditions upon the portion of the request that was granted: or 3 Deny the request, stating with specificity the objective. evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. All written determinations shall give notice of the right to appeal.The notice of determination shall be sent to the Applicant (i.e. the person with a disability a his/her authorized agent, attorney or representative)by certified mail,return receipt requested.The notice of determination shall be sent to the A plicant at the address listed by the Applicant on the application form, or as otherwise provided to the Village in writing. Appeat. (1) Appeal from notice of determination by Village Designee: Within forty-five(45)days after the Village designee has rendered a decision on a reasonable accommodation. the 6 Applicant may anneal the decision. This timeframe shall be based upon the date that the letter is mailed to the requesting party. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal.Appeals shall be made to the Village Clerk's Office The appeal shall be heard by the Special Magistrate for Code Enforcement matters as set forth in the Village Code. The Special Magistrate shall conduct a guasi-iudicial public hearing on the appeal as soon as reasonably practicable,but in no event later than sixty (60) days after an appeal has been filed unless the applicant agrees in writing to an extension of the hearing date. The Special Magistrate shall not be required to render a decision on the request at the public hearing,but shall render a determination no later than thirty (30) days after the conclusion of the public hearing. Such public hearing shall be de now. Once a public hearing date has been coordinated with the Applicant and set. the Village shall, at least ten (10) days prior to the hearing, post a notice of hearing on the Village's public notice bulletin board and on its website, and shall maintain conies available for review in the Village Clerk's office. The notice shall contain a brief description of the request for reasonable accommodation,the property to which the request is applicable,and the time and place of the Special Magistrate hearing on the request. The notice shall not contain any information relating to the Applicant's specific disability or other medical information. The Special Magistrate's decision on the appeal shall be in writing and be based on the criteria listed in Section (h) above. The Special Magistrate's decision may (1) Grant the reasonable accommodation request in full,with no conditions: (2) Impose conditions upon the portion of the request that was granted: or(3)Deny the request, stating with specificity the objective,evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. Any denial shall state the grounds for the denial. The Special Magistrate's decision shall give notice of the right to appeal. The written decision of the Special Magistrate shall be sent to the Applicant by certified mail, return receipt requested. The written decision shall be sent to the Applicant at the address listed by the applicant on the application form, or as otherwise provided to the Village in writing. 7 (2) Anneal from Special Magistrate's Decision: A Special Magistrate's decision may be a pealed by the Village or the Applicant within thirty(30)days after the date on which the written decision is rendered. Such appeal shall be made to the 15th Judicial Circuit Court in and for Palm Beach County, Florida, in accordance with the rules of procedure governing appeals of quasi-judicial decisions. (k) Stay of Enforcement. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the Village, the Village will not enforce the subject land development regulation. other ordinance, or related rules, policies, practices or procedures, against the applicant, except that the Village may seek relief through its code enforcement process or an injunctive action if there is an imminent threat to the health, safety and welfare of the public. Sec. 22-114, Revocation of Reasonable Accommodation. A reasonable accommodation to operate within the Village of Teguesta may immediately be revoked via written notice in the event of any of the following: (a) Violation of a condition of approval of a reasonable accommodation approval (b) Lapse, revocation, or failure to obtain and maintain any certification or licensure required under this ordinance if not reinstated within 180 days of expiration. In either instance the Village designee shall issue written notice of the revocation to the applicant via certified mail return receipt requested at the address listed by the Applicant on the application form, or as otherwise provided to the Village in writing. Applicant shall have the right to appeal the revocation decision of the Village Designee to the Village's Special Magistrate following the same appeal procedure outlined in section 22-11RD, Section 2: Prior Village of Tequesta Resolution No. 5-18 is hereby repealed in its entirety upon the effective date of this ordinance. Section 3: Each and every other section and subsection of Chapter 22. Community Development. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any V 8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 9 BUSINESS IMPACT ESTIMATE As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact Estimate" is provided for Ordinance No. 12-25: ORDINANCE NO. 12-25 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT TO CREATE AN ENTIRELY NEW ARTICLE TO BE ENTITLED "ARTICLE III. — REASONABLE ACCOMMODATIONS" TO CODIFY THE VILLAGE'S EXISTING PROCESS FOR PROCESSING REASONABLE ACCOMMODATION REQUESTS IN HOUSING, INCLUDING SUCH REQUESTS FROM CERTIFIED RECOVERY RESIDENCES AS REQUIRED BY FLORIDA STATUTE SECTION 397.487; REPEALING PRIOR RESOLUTION NO. 5-18; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. This ordinance is exempt from the requirements of a business impact statement pursuant to Florida Statute 166.041(4)(c)1. ORDINANCE DATE 12-25 12/11/25 MOTION Vice-Mayor Rick Sartory SECOND Council Member Jayson E. French FOR AGAINST ABSENT CONFLICT Mayor Molly Young 0 ❑ ❑ ❑ Vice-Mayor Rick Sartory 0 ❑ ❑ ❑ Council Member Laurie Brandon F-/_1 ❑ ❑ ❑ Council Member Patrick Painter 0 ❑ ❑ ❑ Council Member Jayson E. French 17v/ ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: O.F..TFQ%,,, Molly Youn �. , P•`O qT INCORPORATED.- ATTEST: Lori McWilliams, MMC Village Clerk