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Requests/Complaints <br />Requests and complaints from the community regarding ADA accessibility in the R/W for <br />persons with disabilities are triaged and assigned to the appropriate division within the Public <br />Works Department for evaluation and recommendation of appropriate action. <br />According to City Code, section 7.357, "the owner of land abutting a sidewalk shall maintain the <br />sidewalk and driveway approaches in good repair and safe condition." While public sidewalks <br />are inspected periodically by City staff, the City primarily relies on public requests or complaints <br />to investigate sidewalk condition and initiate corrective action. Public request may be made in <br />the same process as described in section 8.2, below. <br />4.2 ADA Exceptions <br />Where existing physical constraints make it impracticable for altered facilities to fully comply with <br />new construction requirements; compliance is required to the extent practicable within the scope of <br />the project. Examples of potential physical constraints described in the NPRM include, underlying <br />terrain, right of way availability, underground structures, adjacent developed facilities, drainage, or <br />the presence of a notable natural or historic feature. Cost alone is not considered a constraint. The <br />Department of Justice regulations have deemed, "the additional cost of alterations to provide an <br />accessible 'path of travel' to the altered area disproportionate when it exceeds 20 percent of the <br />cost of the alteration to the 'primary function' area. (See 28 CFR 35.151(b)(4)(iii))." (2011 NPRM <br />Section by Section Analysis page 21) <br />The determination of a physical constraint and compliance to the maximum extent practicable is <br />made on a case-by-case basis and the justification(s) for the decision must be well-documented. For <br />Capital and PEPI projects, this documentation must be included in the design exception request <br />process and requires approval of the City Engineer. <br />5. Factors that Influence Barrier Removal Schedules <br />5.1 Prioritization Criteria <br />The City has established a three-tier prioritization strategy for addressing barrier removal in the <br />public right-of-way. The prioritization reflects the adjacent land uses that generate higher levels of <br />pedestrian trips and responds to the network needs of pedestrians. Given limited funding, <br />prioritization allows the City to address barrier removal in locations that are well -traveled first, and <br />respond incrementally to complete barrier removal in the pedestrian network over time. <br />Establishing discrete priorities also increases the likelihood of attaining funding sources, such as <br />grants, since funding agencies generally award funding based on a local assessment of need. <br />Priority 1: State/Local Government and Public Use Facilities <br />• State/Local Government Buildings <br />• Hospital/Medical Clinics <br />• Schools <br />• Public Parks <br />• Public Transit Systems <br />• Access to Shared Use Paths <br />• High Use Areas or Facilities that serve Alternative ly-Abled Populations <br />City of Eugene Transition Plan for Accessibility in the Public Rights -of -Way Page 7 <br />