(A) Any person who claims to have been injured by a discriminatory housing practice, or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “aggrieved person”), may file a complaint with the Chief Elected Official. Complaints shall be in writing and shall contain such information and be in a form that the Chief Elected Official requires. Upon receipt of such a complaint, the Chief Elected Official 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 30 days after receiving a complaint or within 30 days after the expiration of any period referenced under division (C) below, the Chief Elected Official shall investigate the complaint and give notice in writing to the aggrieved person whether he or she intends to resolve it. If the Chief Elected Official decides to resolve the complaints, he or she 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 the informal endeavors may be made public or used as evidence in a subsequent proceeding under this subchapter without the written consent of the persons concerned. Any employee of the Chief Elected Official who shall make public any information in violation of this provision shall be subject to the provisions of § 93.99.
(B) A complaint under division (A) above shall be filed within 180 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 or her and with the leave of the Chief Elected Official, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(C) If, within 30 days after a complaint is filed with the Chief Elected Official, he or she has been unable to obtain voluntary compliance with this subchapter, the aggrieved person may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Chief Elected Official will assist in this filing.
(D) If the Chief Elected Official has been unable to obtain voluntary compliance within 30 days of the complaint, the aggrieved person may, within 30 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 this subchapter, insofar as the 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 the practice or order the 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 Elected Official shall immediately terminate all efforts to obtain voluntary compliance.
(Ord. 607, passed 4-14-1997) Penalty, see § 93.99