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The director may conduct educational and public information activities that are designed to promote the policy of this division.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
This division does not affect any local, state or federal restriction:
(a) On the maximum number of occupants permitted to occupy a dwelling unit; or
(b) Relating to health or safety standards.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this division, including the giving of testimony or provision of information in aid of investigation or discovery under this division.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(b) A criminal offense under this division is punishable in municipal court as provided by § 1-6 of this code.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) It is the policy of the City of Fort Worth, pursuant to the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act and applicable state laws, to provide individuals with disabilities reasonable accommodations (including modifications or exceptions) in the city's zoning, land use and other regulations, rules, policies and practices, to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use, zoning, building and other regulations, policies, practices and procedures, including waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities to ensure a person with a disability has an equal opportunity to use and enjoy a dwelling.
(b) This division provides a procedure for making requests for accommodations in land use, zoning, building regulations and other regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of applicable laws, including federal laws, in making a reasonable accommodation.
(c) Nothing in this division shall require persons with disabilities or operators of homes for persons with disabilities acting or operating in accordance with applicable zoning or land use laws or practices to seek a reasonable accommodation under this division. Nothing in this division shall require the City of Fort Worth to agree to requested accommodations that are unreasonable.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) The provisions of this division apply to residential uses that will be used by persons with disabilities.
(b) The accommodation granted shall be considered personal to the individual(s) and shall not run with the land. If the structure is sold, or otherwise changes ownership, an accommodation granted to the previous owner is not transferable to the new owner. Notwithstanding, the accommodation shall be in force and effect as long as the person(s) or group of persons with disabilities for whom the accommodation was sought resides on the property that is the subject of the accommodation. It is the duty of the owner to notify the director of this event. The city shall allow the new owner an opportunity to renew and/or modify a granted reasonable accommodation in accordance with this division. In the event that the reasonable accommodation is not renewed or modified within 60 days from the date of change in ownership, the accommodation will lapse and the structure will have to comply with all requirements of this division.
(c) Nothing in this division will require the city to expend any funds to achieve a reasonable accommodation except and to the extent required by state or federal law.
(d) Nothing in this division will alter a person with disabilities' obligation to comply with other applicable federal, state and city regulations.
(e) The city shall prominently display a notice at the counter in the planning and development department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this division. A copy of the notice shall be available upon request.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
The following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
DIRECTOR. The planning and development department head or city official with authority to administer, implement, or enforce a requirement that is the basis of the request for reasonable accommodation.
PERSON WITH DISABILITIES. For the purposes of this division, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602(h), a person who is currently engaged in illegal use of controlled substances is not.
REASONABLE ACCOMMODATION (INCLUSIVE OF MODIFICATION). The act of making a dwelling unit or housing facility(ies) readily accessible to and usable by a person with disabilities, through the removal of constraints in the city's land use, zoning, permit and processing procedures. All accommodations may be not reasonable, and the reasonableness of a request will be determined by the director or city manager's designee upon appeal.
REQUIREMENT. A provision of the City Code or an administrative policy, program or procedure.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
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