HomeMy WebLinkAboutResolution - 95 - 5 (3) RESOLUTION NO. 95-5
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF SAN JACINTO ESTABLISHING A COMPLAINT PROCEDURE
FOR INVESTIGATION OF DISABLED ACCESS COMPLAINTS
The City Council of the City of San Jacinto, State of California, does hereby resolve
as follows:
Section 1. Purpose: Government Code Sections 4450 et. seq., require that
certain facilities constructed with public funds be made accessible to and usable by
persons with disabilities. Health and Safety Code Sections 19955, et. seq., similarly
require that public accommodations or facilities, including certain facilities privately
constructed, be made accessible in accordance with the provisions of Chapter 7
(commencing with Section 4450) of Division 5 of Title 1 of the Government Code. Local
enforcement of these provisions is mandated by Government Code Section 4453(b) and
by Health and Safety Code Section 19958.
Section 2. Enforcing Officer: The Building Official of the City of San Jacinto, or
his/her designated employee, shall be charged with the investigation and enforcement
obligations stated within this Resolution.
Section 3. Complaint Procedures: Any person may file a complaint with the
Building Official which alleges a violation of the provisions referenced in Section 1 above.
Complaints shall be made in writing and shall specify the location and nature of the
complaint.
Section 4. Investigation: Upon presentment of a complaint, the Building Official
shall commence an investigation of the merits of the complaint. When practicable, the
investigation shall be concluded within 45 days and a copy of the findings by the Building
Official shall be made available to the complainant. The Building Official may extend the
period of investigation up to 90 days, when reasonably required.
Section 5. Enforcement: In the event the Building Official shall have sustained the
complaint by confirming the existence of code violations, the Building Official shall
commence action for the correction of the violations within 90 days after issuance of the
Building Official's findings by taking the following action(s): Within said 90 day period, the
Building Official shall confirm that the owner has corrected the violations, or the Building
Official shall have entered into an agreement with the facility owner for correction of the
violations within a reasonable time, or the Building Official shall bring appropriate legal
proceedings for enforcement.
MOVED, PASSED and ADOPTED by the City Council this 7th day of
February , 1995.
AYES : Councilmembers Leahy, Oaks , Solorio, williams & Hafliger
NOES ; None
ABSTAIN: None
ABSENT: None Maym-'%
Attest:
City Clerk Deputy