Title 2 ADMINISTRATION AND PERSONNEL*
Chapter 2.80 FAIR HOUSING
2.80.100 Enforcement.
A. Any person who claims to have been injured by a discriminatory housing
practice or who believes that they will be irrevocably injured by a
discriminatory housing practice that is about to occur (hereafter
“aggrieved person”) may file a complaint with the chief
administrative officer. Complaints shall be in writing and shall contain such
information, and be in such form as the chief administrative officer requires.
Upon receipt of such a complaint, the chief administrative officer shall furnish
a copy of the same to the person or persons who have committed, or are about to
commit, the alleged discriminatory housing practice. Within thirty days after
receiving a complaint or within thirty days after the expiration of any period
referenced under subsection C of this section, the chief administrative officer
shall investigate the complaint and give notice in writing to the aggrieved
person whether they intend to resolve it. If the chief administrative officer
decides to resolve the complaints, they shall proceed to try to eliminate or
correct the alleged discriminatory housing practice by informal methods of
conference, conciliation and persuasion. Nothing said or done in the course of
such informal endeavors may be made public or used as evidence in a subsequent
proceeding under the ordinance codified in this chapter without the written
consent of the persons concerned. Any employee of the chief administrative
officer who shall make public any information in violation of this provision
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined not more than five hundred dollars or imprisoned not more than ninety
days.
B. A complaint under subsection A of this section shall be filed
within one hundred and eighty days after the alleged discriminatory housing
practice occurred. Complaints shall be in writing and shall state the facts upon
which the allegations of a discriminatory housing practice are based. Complaints
may be reasonably and fairly amended at any time. A respondent may file an
answer to the complaint against him and with the leave of the chief
administrative officer, which shall be granted whenever it would be reasonable
and fair to do so, may amend his answer at any time. Both complaints and answers
shall be verified.
C. If within thirty days after a complaint is filed with
the chief administrative officer, the chief administrative officer has been
unable to obtain voluntary compliance with the ordinance codified in this
chapter, the aggrieved person may, within thirty days thereafter, file a
complaint with the secretary of the department of housing and urban development.
The chief administrative officer will assist in this filing.
D. If the chief
administrative officer has been unable to obtain voluntary compliance within
thirty days of the complaint, the aggrieved person may, within thirty days
thereafter commence a civil action in any appropriate court, against the
respondent named in the complaint, to enforce the rights granted or protected by
the ordinance codified in this chapter, insofar as such rights relate to the
subject of the complaint. If the court finds that a discriminatory housing
practice has occurred or is about to occur, the court may enjoin the respondent
from engaging in such practice or order such affirmative action as may be
appropriate.
E. In any proceeding brought pursuant to this section, the
burden of proof shall be on the complainant.
F. Whenever an action filed by
an individual comes to trial, the chief administrative officer shall immediately
terminate all efforts to obtain voluntary compliance. (Ord. 1620-2000 §
2(part), 2000).
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