Compliance

The City uses the following methods to ensure compliance of ADA:

1. Transition Plan. The City's transition plan identifies gaps in accessibility in city-owned facilities and stipulates a systematic approach to address issues on a continual basis.  This plans identifies barriers in programs and activities that prevent persons with disabilities from access (includes evaluation and policies/practices).  Its key objective is to provide equivalent access to the maximum extent possible.  This plan:

  • Sets forth steps necessary to complete modifications identified in self-evaluation process.  It identifies physical obstacles and describes methods to make facilities accessible.
  • Provides a schedule for completing modifications.  If longer than 1 year, identifies steps to be taken each year but expeditiously as possible.
  • Identifies official(s) responsible for implementation of the plan.
  • Estimates the costs associated with the modifications and records a status of completion.
  • Is utilized as a medium to do public outreach, inform and educate management and provides guidance during budgeting process.

2. Permitting Process.  Each permit that is submitted to the City to construct a new building, must comply with ADA guidelines and is part of the approval and inspection process. If the cost of the building/renovation is over 50 thousand dollars, the permit must accompany documentation that a Registered Accessibility Specialist (RAS) is also monitoring ADA Compliance. New additions and renovations to existing buildings must also comply with ADA requirements, however, the entire building does not need to be brought into compliance.

3. Code Compliance.  City ordinance stipulates that it shall be the duty of the owner of property abutting on any public street containing a sidewalk, curb or gutter to keep such sidewalk, curb or gutter in repair. When the code enforcement division finds that any such sidewalk, curb or gutter is in hazardous condition because of need of repairs or faulty construction, he may notify the owner of the abutting property to make such repairs or changes as may be necessary to put the sidewalk, curb or gutter in safe condition. If the owner fails to make such repairs or changes within a reasonable time given in the notice, he shall be deemed guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030. 

If the owner fails to comply with the notice, the city may authorize the work to be done by city forces or by contract, and may, after notice and an opportunity to be heard, assess the actual cost of the repairs against the abutting property and its owner. The assessment shall be recorded in the county clerk's office and the assessment shall then constitute a first and prior lien against the property from the date the improvements are ordered, and shall be a personal liability and charge against the owner of the property.

4. City Ordinance # 9779 was passed by the City of El Paso in 1989 and requires the City of El Paso and recipients who receive financial assistance (funds, services of City personnel, or real or personal property) to provide a self assurance that individuals with disabilities will not be discriminated against in their programs and hiring practices and a self evaluation of their facilities to determine if physical barriers exist that limit accessibility. The ordinance requires that a transition plan for removal of barriers be developed if any exist.

5. The City plays a liaison role between citizens and the private sector to educate, inform and encourage ADA compliance through public accommodation.  If there is an issue with a private entity not being ADA-compliant, the City encourages the constituents to first contact the entity in violation and try to work out a reasonable accommodation that is viable to both parties.  If such process is hindered by communication, an understanding or lack of willingness to comply, the City will work with the citizen to enable the process to continue until a resolution is achieved.  If no resolution can be achieved, state officials overseeing ADA compliance over the private sector will be contacted to ensure a proper outcome.