(A) Filing a complaint. Proceedings under this chapter shall be commenced by filing a verified complaint with the Administrator within 180 days of the alleged violation. The complaint shall be submitted on the form set forth in Appendix A of this chapter, to be provided by the Village Clerk and shall contain a short and plain statement of the alleged violation, the name and address of the person charged (respondent) and shall be signed by the aggrieved party (complainant) or the Community Relations Commission by its Chairperson or Vice-Chairperson. The aggrieved party may be assisted in the filing of a complaint by a member or members of the Community Relations Commission.
(B) Complaint served. Within 15 days after the complaint is filed, the Administrator shall serve a copy of the complaint personally or by certified mail, return receipt requested, on the person charged and shall furnish copies thereof to the Fair Housing Review Board.
(C) Administrator review. Within 15 calendar days after the complaint is filed, the Administrator shall review the complaint to determine whether the allegations contained therein, if true, would constitution a violation of this chapter.
(D) Complaint review by Board. The Fair Housing Review Board shall review the complaint, and the determination and recommendation of the Administrator. Within 20 calendar days after the complaint is filed, the Board shall decide whether the allegations of the complaint, if true, constitution a violation of this chapter. If the Board decides that the allegations do not constitute a violation, it shall order that the complaint be dismissed. If the Board decides that the allegations do constitute a violation, it shall order that a hearing be held on the merits of the complaint.
(E) Board decision on allegation. The board shall render its decision in writing, setting forth its reasons, therefor, and shall immediately serve a copy of its decision on the complainant and respondent, either personally or by certified mail, return receipt requested.
(F) Notice of hearing. If the Board orders that a hearing should be held on the merits of the complaint, the complainant and respondent shall also be served, either personally or by certified mail, return receipt requested, with a notice of hearing, setting forth the date, time and place of such hearing. This hearing shall be held within 60 calendar days after the complaint is filed.
(G) Conciliation conference. Prior to the hearing, the Board shall set a time and place for a conciliation conference and shall notify complainant and respondent of same. At the conciliation conference, the Board or the Administrator, if designated by the Board, shall attempt to resolve the dispute between the parties.
(H) Hold hearing. If it is not possible to conciliate the complaint before the date set for the hearing or, if the respondent fails to appear at the conciliation conference, the Board shall proceed to hold its hearing at the date and time designated. This hearing shall be open to the public and the parties may be represented by counsel. The Board shall receive oral and written evidence presented by the parties. All proceedings shall be transcribed to maintain an official record.
(I) Extension of time limits; withdrawal of complaint. Time limitations in this section may be extended by consent of all parties. Nothing in this section shall preclude a complainant from withdrawing a complaint, or shall preclude the parties from entering into conciliation proceedings at any time.
(J) Immediate action. If, in the discretion of the Board, immediate court action is advisable, the Board may at any time direct the Village Attorney to file a complaint in a court of competent jurisdiction requesting injunctive or other appropriate relief. Such action may be taken although administration action is pending before the Board.
(K) Due notice; Board members. At hearings conducted by the Board, all parties shall be given due notice to appear. A panel of not less than three of the same members of the Board must be present at all times. Only those members who have attended all hearings on a matter shall participate in the determination of the complaint.
(L) Board decision at hearing. At the conclusion of the hearings, the Board shall render its decision in writing with findings of fact and shall issue appropriate orders, which shall be served upon the complainant and the respondent by certified mail, return receipt requested. Such decision of the Board must receive the affirmative consent of a majority of those members of the Board who have been present at all the hearings above referred to.
(M) Dismissal. If the Board determines that a respondent has not violated § 94.15, the complaint shall be dismissed.
(N) Imposition of fines and penalties. If the Board determines that the respondent has violated § 94.15, it may impose such fines and penalties as provided for in this chapter.
(O) Noncompliance. In the event of noncompliance with orders of the Board, the Board shall direct the Village Attorney to apply to a court of competent jurisdiction for the imposition of fines or for other appropriate relief.
(P) Notice to State Agency. In addition to the penalties provided elsewhere in this chapter, the Board may direct the Village Attorney to file with the appropriate state agency a complaint against any person found to have violated any provision of this chapter, seeking suspension or revocation of the license issued to such person or other appropriate sanctions.
(Q) Availability. The procedures and remedies provided in this chapter shall be available to a complainant in addition to his or her right to immediately seeking redress in the courts.
(`95 Code, § 94.28) (Ord. 81-20, passed 9-23-81)