Loading...
§ 91.36 COMPLAINTS.
   (A)   Any person aggrieved in any manner by a violation of any provisions of this subchapter may file with the Village Board a written, verified complaint setting forth his or her grievance.
   (B)   The complaint shall state:
      (1)   The name and address of the complaint;
      (2)   The name and address of the person against whom the complaint is brought, if known to the complainant; and
      (3)   The alleged facts surrounding the alleged violation of this subchapter; and the complaint shall state the name and address of all persons believed to have knowledge concerning the alleged facts.
   (C)   After the filing of any complaint, the Village Board shall serve a copy of the complaint on the party or parties charged.
(2001 Code, § 13-1-22)
§ 91.37 HEARINGS BY VILLAGE BOARD.
   (A)   (1)   The hearing shall be conducted by the Village Board upon due and reasonable notice to all parties.
      (2)   The Village Board shall have power to administer oaths and to take sworn testimony.
      (3)   Any party alleged to have violated this subchapter shall be entitled to be represented by counsel and shall have the right to call witnesses in his or her own behalf and to cross-examine witnesses.
   (B)   At the conclusion of the hearing, the Village Board shall render the complainant a decision.
(2001 Code, § 13-1-23)
§ 91.38 ENFORCEMENT.
   (A)   The Village Board shall be empowered to order any person found to be engaging in an unfair housing practice to cease and desist from the practice, upon such terms as shall be necessary and proper for the enforcement of this subchapter.
   (B)   The Village Board shall be empowered at the conclusion of proceedings held under this section, to direct the Village Attorney to do any one or more of the following:
      (1)   To institute and prosecute proceedings to enforce, against any person found in violation of this subchapter, the fine provided for in § 91.39;
      (2)   To apply to any court of competent jurisdiction:
         (a)   For an order restraining any person from violating any provision of this subchapter; and
         (b)   For such other or further relief as may seem to the court appropriate for the enforcement of this subchapter and the elimination of violations hereof.
      (3)   To petition or institute proceedings with the Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by the Department to any real estate broker or real estate salesperson found to have violated any provision of this subchapter; and/or
      (4)   In the case of any unlawful housing practice or violation of this subchapter by any person in the course of performing under a contract or subcontract with the state or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, to petition or institute proceedings with the contracting agency for the purpose of causing it to terminate the contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this subchapter.
   (C)   The Village Board may issue the cease and desist orders and may direct that action by the Village Attorney, as shall be necessary for the enforcement of this subchapter.
(2001 Code, § 13-1-24)
§ 91.39 REMEDIES.
   Any person aggrieved in any manner by the violation of any provision of this subchapter who has exhausted the remedies provided in § 91.38 above of this subchapter may apply to any court of competent jurisdiction for appropriate relief from the violation, including:
   (A)   An order compelling compliance with this subchapter;
   (B)   An order to prohibit any person found by the court to have violated any provision of this subchapter from the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing which is the subject of the violation;
   (C)   An order requiring specific performance of any contract for the sale, lease, exchange, transfer, conveyance or assignment of any dwelling or housing or any person who, in violation of this subchapter, refuses or fails to perform the contract;
   (D)   Compensatory damages; and
   (E)   Other and further relief as may seem to the court appropriate for the enforcement of this subchapter and the elimination of violations hereof.
(2001 Code, § 13-1-25)