COSTA MESA : Jurisdiction of Access Board Is Discussed

The City Council and members of the Access Appeals Board met this week to discuss the jurisdiction of the board, which oversees whether building owners are complying with laws dealing with access by the disabled.

The city’s building inspectors can check to see that structures comply with the laws, the council and board members were told. The inspectors can order expensive changes to be made to bring them up to code, they said. If people disagree with the Building Department’s findings, they may appeal to the access board, composed of residents appointed by the council.

If people are unhappy with the decision of the Access Appeals Board, they can take there case to the City Council, City Atty. Thomas A. Kathe said at the study session Monday. This appeal process was not made clear when the council established the access board in 1992, Kathe said.

Mayor Sandra L. Genis said she wants the access board to strictly enforce the Americans With Disabilities Act and other regulations because the city is legally liable for deviations.

But board member Douglas G. O’Kieffe said he is concerned that expensive changes ordered by the board could result in a backlash by frustrated small-business owners against disabled people. “That’s where I, as a person using a wheelchair, want to use a little common sense,” O’Kieffe told the council.

O’Kieffe, who is a board member of the California Paralyzed Veterans Assn., said he thinks small departures from the building code are sometimes acceptable.

But Councilman Jay Humphrey said he wants the board to take “the high road” and make strict decisions. Other council members at the study session echoed his opinion.