Amending Chapter 6 Buildings Functional Physically Handicapped

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(b) The facilities and /or devices for the person with hearing disabilities shall be located in performance viewing and convenient participation positions, according to the following schedule: Number of Persons Provided with Capacity of Assembly Space Hearing Facilities and Devices Up to 50 ...................... Mininum 3 51 to 100 ...................... Minimum 6 101 to 500 ...................... Minimum 12 501 to 1000 ...................... Minimum 16 1001 to 1500 ...................... Minimum 20 Over 1500 -- Minimum 20 plus 1 for each 300 over 1500 SECTION 6 -34 ENFORCEMENT AND PENALTY (a) A building permit shall not be granted unless all provisions of this article are met by the applicant (s). (b) Any person or agent or employee who violates any provision of this article shall be subject, upon conviction, to a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) for such offense. (c) After being cited for violation (s) of Chapter 6, Article 6, the legal owners of the property in question shall be granted up to 90 days to correct said violations. if after 90 days the violations have not been corrected, the continued violation of the ordinance shall constitute a separate offense for each and every day such violation may continue. SECTION 6 -35 APPEALS PROCEDURE An appeal from the Building Commissioner's decision in matters pertaining directly to Chapter 6, Article 6 shall be subject to the appeals procedure established by the City Council and according to the following qualifications. (a) The applicant (s) for a building permit, or any citizen of South Bend, Indiana may appeal a decision of the Building Commissioner to grant or not to grant a building permit. (b) The appeals body, when hearing an appeal pertaining directly to Article 6, shall include as voting members at least one physically handicapped person and, in addition, a minimum of one physically handicapped person for each two non - physically handicapped persons on said body. If the established appeals body does not include sufficient number of handicapped persons, its membership shall be expanded to include the required number of physically handicapped. Additional members shall be appointed in the same manner that the other members are appointed. (c) A majority of the expanded appeals body shall have the power to decide the disagreements. The expanded appeals body is required only in the instance when an issue pertains directly to Chapter 6, Article 6. so