§ 665.13 Remedial Actions
   (a)   If the Fair Housing Board finds that the respondent has not violated or was not about to violate Section 665.03, its order under Section 665.10 shall dismiss the complaint.
   (b)   If the Fair Housing Board finds that the respondent has violated or was not about to violate Section 665.03, its order under Section 665.10 shall provide for the taking of remedial action, as it deems appropriate, which may include but not be limited to:
      (1)   Directing the respondent to cease and desist from violations of Section 665.03 and to take affirmative steps as necessary to effectuate the purposes of this chapter;
      (2)   Initiating, at the Fair Housing Board’s expense, an appropriate court action for the enforcement of Section 665.03, and for other or further relief as the court may deem appropriate including, but not limited to, injunctive relief, compensatory damages, punitive damages to the complainant and/or attorneys’ fees and costs incurred by the complainant and/or the Fair Housing Board and/or the City; court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Fair Housing Board;
      (3)   Initiating proceedings based on violation of federal or state law and/or regulations;
      (4)   Initiating proceedings with any contracting agency, in the case of any violation of Section 665.03 by respondent in the course of performing under a contract or subcontract with the State or any political subdivision or agency, or with the United States of America or any agency or instrumentality, for the purpose of terminating the contract or any portion of the contract, or obtaining other relief;
      (5)   Initiating proceedings with the State of Ohio, where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 665.03;
      (6)   Directing the respondent to reimburse the complainant and/or the City, as applicable, for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys’ fees and costs;
      (7)   Directing the respondent to reimburse the City for its actual reasonable direct expenses incurred and to be incurred as a result of each violation found including reasonable attorneys’ fees and costs;
      (8)   Assessing compensatory damages, as appropriate, or arrange to have adjudicated in court, at the Fair Housing Board’s expense, the award of compensatory damages against the respondent;
      (9)   Assessing civil penalties, as appropriate, or arranging to have adjudicated in court at the Fair Housing Board’s expense, the award of punitive damages against the respondent. For purposes of this chapter, civil penalties are defined as penalties assessed against the respondent to vindicate the public interest in an amount:
         A.   Not exceeding fifty thousand dollars ($50,000.00) for a first violation; and
         B.   Not exceeding one hundred thousand dollars ($100,000.00) for any subsequent violation.
      (10)   Such other further relief as the Fair Housing Board may deem appropriate for enforcement of Section 665.03.
   (c)   The Fair Housing Board shall make a final administrative disposition of a complaint within one (1) year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and respondent shall be notified, in writing, of the reasons why disposition of the complaint cannot be made within the time prescribed.
   (d)   Nothing in this chapter shall be construed to prevent the City, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter.
   (e)   The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Cuyahoga County Common Pleas Court under RC Chapter 2506, or in another forum or court of competent jurisdiction as provided by law.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)