Accessibility Parking Complaints

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Accessibility Parking Complaints

Postby daz » Fri Oct 11, 2013 2:20 pm

If a strip mall or some other business alters accessible parking (stall, access aisle, signage) or the exterior accessible route (curb ramp) to make it less accessible, what if anything can the AHJ do to remedy this? I find that this is usually brought to light by a complaint.
The only two things I can think of are bluffing the owner with a letter stating the minimum requirements, or advising a citizen to see if ADA civil action is applicable.

I was told that after a certificate of occupancy was issued, there are no state laws (including the building code) to legally force accessible parking corrections. Some cities may require zoning permits to re-stripe a parking lot, but what if a handicap sign that was replaced with a "5 minute parking" sign? My city ordinance does not address either.

If your city has such an ordinance, does it enforce current requirements when re-striping the lot of a 25 year old building?

Thanks!

Dan
daz
 
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Re: Accessibility Parking Complaints

Postby daz » Thu Jan 02, 2014 11:00 am

To answer my own question...

While shopping at a un-named stand-alone retailer during the holiday rush (in my fair city), I noticed several of the accessible parking spaced have been "converted" to short term parking or parking for expectant mothers. So now I have to add this to the list of parking issues to deal with.

Since we do not have an ordinance dealing with this, I am sticking to my plan of bluffing the owner with a letter stating the minimum requirements, and advising a citizen (complainant) to see if ADA civil action is applicable. So far this seems to be working.

Here is a portion of a letter that I sent a building owner regarding a different situation.

"A gentleman called me today complaining that the handicap signage for two parking spaces was either removed or replaced with a “5 minute parking” sign”. Attached is a photo of these parking spaces. The access aisle in between the accessible spaces is required and is to have a “No Parking” sign in front of it too (instead of the sign that is there). I have also attached a picture of the exact type of sign that needs to be in front of the two accessible parking spaces.

This person was rather upset and had first called the state and county before calling me. Please be aware that he is looking into the Americans with Disabilities Act to see what his options and mentioned calling the news! I told him I would contact you and this should be a simple thing to resolve. After visiting the site it looks like only three signs are needed (2 – accessible parking, 1 – “no parking”).

Please let me know of your plan to make these corrections. I would like to call this gentleman back and give him an update!"


If anyone has any different advice please let me know.
daz
 
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Re: Accessibility Parking Complaints

Postby Lyle Oman » Fri Mar 21, 2014 9:20 am

How about section 1300.0220 Subp.7 Revocation. Says you may issue a written suspension or revocation of a certificate of occupancy if the structure is in violation of any ordinance or regulation or provision of the code. I know it refers to "the structure" but you wouldn't issue a co for a project unless the accessibility requirements are met. You would have to ask your city attorney if he would back you up.
Lyle Oman
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