(a) The written decision of the director on an application for an accommodation shall explain in detail the basis of the decision, including the director's findings on the criteria set forth in § 17-113. All written decisions shall give notice of the applicant's right to appeal and to request assistance in the appeal process as set forth in § 17-115. The notice of the decision shall be sent to the applicant by certified mail and electronic mail, if the applicant's electronic mail address is known to the city.
(b) The written decision of the director shall be final unless the applicant files an appeal to the city manager's designee in accordance with § 17-115. Nothing herein shall prohibit the applicant, or persons on whose behalf a specific application was filed, from reapplying for an accommodation based on additional grounds or changed circumstances. Nor shall this provision be construed to affect in any way the rights of a person to challenge the denial of a request for reasonable accommodation as violating the Fair Housing Act, the ADA or any other applicable state, federal or local law.
(c) If the director fails to render a written decision on the request for accommodation within the 30 calendar day period established in § 17-112, the accommodation request shall be deemed granted.
(d) A request for accommodation stays all proceedings in furtherance of the enforcement of any requirement that is the subject of the request. An accommodation request does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested accommodation.
(e) The director shall retain, for the duration of the accommodation and at least five years thereafter, written records of each request and all related records, including the city's responses and decisions.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)