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(a) Complaints alleging any action by the City which is prohibited by Regulations of the U.S. Department of Justice implementing Title II of the Americans With Disabilities Act (ADA) should be addressed to the ADA Coordinator, City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012, (440) 930-4121. The ADA Coordinator has been designated to coordinate ADA compliance efforts. A complaint should be filed in writing or verbally and should contain the name and address of the person filing it and briefly describe the alleged violation of the Regulations.
(b) A complaint should be filed within five days after the complainant becomes aware of the alleged violation. (The processing of allegations of discrimination which occurred before the effective date of this section will be considered on a case-by-case basis.)
(c) An investigation, as may be appropriate, shall follow the filing of a complaint and shall be conducted by the ADA Coordinator. This section contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(d) A written determination as to the validity of the complaint and a description of the resolution of the complaint, if any, shall be issued by the ADA Coordinator and a copy shall be forwarded to the complainant no later than fifteen working days after its filing.
(e) The ADA Coordinator shall maintain the files and records of the City relating to complaints filed.
(f) A complainant may request a reconsideration of a case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten days to the Law Director.
(g) The right of a person to a prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of an ADA complaint with the responsible Federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(h) This section shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City complies with the ADA and the Regulations of the U.S. Department of Justice implementing the same.
(Ord. 38-97. Passed 3-10-97.)