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Elyria, OH Code of Ordinances
CHAPTER 188
Advocacy Board for Persons With Disabilities
188.01   Policy.
188.02   In general.
188.03   Functions, powers and duties.
188.04   ADA Coordinator.
188.05   ADA grievance procedure.
188.06   Other remedies.
188.07   Interpretation; conflicts.
   CROSS REFERENCES
   Unlawful discriminatory practices - see Ohio R.C. 4112.02
   Parking spaces for handicapped persons - see TRAF. 351.04, P. & Z. 1175.07
   Motorized wheelchair operators - see TRAF. 371.11
   Failing to provide for a functionally impaired person - see GEN. OFF. 537.21
   Assaulting handicapped assistance dogs - see GEN. OFF. 541.09
188.01 POLICY.
   It is hereby declared to be the policy of the City to remove and eliminate architectural, environmental, communication and attitudinal barriers encountered by disabled citizens.
(Ord. 94-35. Passed 2-22-94.)
188.02 IN GENERAL.
   (a)   Establishment; Composition; Residency Requirement. There is hereby established the Advocacy Board for Persons With Disabilities, which shall consist of at least seven and not more than nine members. The majority of the members are to be qualified electors of the City, with no more than two members from outside the City. No member shall be employed by the City at any time while a member of the Board, and at least one member shall be a representative of each of the following categories:
      (1)   Disabled persons;
      (2)   An organization or agency serving the disabled;
      (3)   The business sector; and
      (4)   The nonprofit sector, education and/or the health or medical profession.
   (b)   Appointments; Terms; Vacancies. The Mayor shall appoint members to the Board. The term of office of each member of the Board shall be as follows: when the original Board is appointed, two or three members shall serve for one year, two or three members shall serve for two years and two or three members shall serve for three years.
   As each term expires, succeeding appointments shall be for a term of three years. Appointees are invited to submit names for the Mayor's consideration. If for any reason an appointed member is unable to complete his or her term, the Mayor shall fill the vacancy by appointment for the remainder of the unexpired term. The Board shall choose a Chairperson and Secretary by majority vote.
   (c)   Hearing of Appeals. The Board shall serve as a review and appeals board to which an aggrieved party may appeal from an administrative decision as otherwise provided for in this chapter.
   (d)   Records. The Board shall keep a record of all requests and complaints filed and action taken thereon.
   (e)   Quorum; Compensation; Removals. A simple majority of the members of the Board shall constitute a quorum for the purpose of conducting business. A vacancy on the Board shall not impair the right of the remaining members to exercise all the powers of the Board. Each member of the Board shall serve without compensation. Any member of the Board may be removed by the Mayor for neglect of duty, malfeasance in office or lack of regular attendance, after being given a written statement of the charges and an opportunity to be publicly heard in person to refute such charges.
(Ord. 94-35. Passed 2-22-94.)
188.03 FUNCTIONS, POWERS AND DUTIES.
   The Advocacy Board for Persons With Disabilities shall have the following functions, powers and duties:
   (a)   Advocate and track new legislation promoting the interests of those citizens with disabilities;
   (b)   Stimulate local community interest by securing active cooperation and support from local business, industry, government and community groups in furthering the interests of the disabled;
   (c)   Plan and carry out special activities designed to promote accessibility by persons with disabilities;
   (d)   Serve in an advisory position to government officials, building owners, contractors and individuals interested in the problems of accessibility, as established by the rules and procedures of the Board;
   (e)   Investigate all complaints of alleged violations of the Americans With Disabilities Act of 1990, as amended, as referenced in the Ohio Basic Building Code, as adopted in Section 1301.01 of the Building Code;
   (f)   Evaluate programs, activities, policies and practices to determine areas of noncompliance with the disability discrimination regulations, and make "nonstructural changes" to achieve compliance;
   (g)   Endeavor to resolve complaints;
   (h)   Hold hearings in conjunction with such complaints, administer oaths and take testimony relating to any matter under investigation or in question before the Board;
   (i)   Render, at least once every twelve months, to the Mayor and Council, a full written report of all its activities and recommendations;
   (j)   Recommend to the Mayor, when it deems it to be necessary, educational and other programs designed to promote the policy provided in this chapter;
   (k)   Adopt rules and procedures for the conduct of its business;
   (l)   Do such other acts as are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter; and
   (m)   Do any and all acts allowed by the Americans With Disabilities Act, as written or amended.
(Ord. 94-35. Passed 2-22-94.)
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