United States of America v. Humboldt County, California - Settlement Agreement

K. SIDEWALKS

35. Within six (6) months of the entry of this Consent Decree, the County will implement and report to the ILA and the United States its written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb cuts at particular locations.

36. Within nine (9) months of the entry of this Consent Decree, the County and its ILA will identify and report to the United States: (1) a plan to identify all existing street level pedestrian walkways, streets, roads, and highways under the jurisdiction of Humboldt County that have not been constructed or altered since January 26, 1992; and (2) a timetable to provide curb ramps or other sloped areas that comply with the applicable architectural standards at all existing intersections of streets, roads, and highways having curbs or other barriers from a street level pedestrian walkway.  The plan and timetable must be approved by the United States and will specify completion of all required curb ramps or other sloped areas that comply with the applicable architectural standards and the ADA within three (3) years.  The plan and timetable shall give priority to requests from people with disabilities, walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

37. Within three (3) years of the entry of this Consent Decree, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway, and at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, intersects with a street, road, or highway.

    Date of Construction or Alteration	Applicable Standards
    Before September 15, 2010	1991 ADA Standards or Uniform Federal Accessibility Standards (“UFAS”)
    On or after September 15, 2010, and before March 15, 2012	1991 ADA Standards, UFAS, or 2010 ADA Standards
    On or after March 15, 2012	2010 ADA Standards

38. Annually, the ILA will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and its timetable.  If the County fails to comply with the approved plan and its timetable, the United States may file a motion to enforce this Consent Decree pursuant to paragraph 63.

39. Following entry of this Consent Decree, whenever a street, road, highway, or street level pedestrian walkway intersecting with a street, road or highway is constructed or altered, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.  Annually, the ILA will confirm to the United States that the County has provided curb ramps or other sloped areas where required that comply with the 2010 ADA Standards.