(a) Upon notification by the administrator that a conciliation agreement has not been executed by the complainant and the respondent and approved by the administrator in accordance with Section 20A-10, the city attorney, within the time limits set forth in Subsection (b), shall determine whether, based upon all facts known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred. In making the reasonable cause determination, the city attorney shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a criminal action in municipal court or a civil action in state district court.
(b) The city attorney shall make a reasonable cause determination within 100 days after the filing of a complaint unless it is impracticable to do so. If the city attorney is unable to make the determination within the 100-day period, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing, of the reasons for the delay.
(c) Upon determination by the city attorney that reasonable cause exists to believe that a discriminatory housing practice has occurred, the administrator shall immediately issue a charge on behalf of the aggrieved person. The administrator may also file a criminal action in municipal court. Not more than 20 days after the administrator issues the charge, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing, of the issuance of a charge and include a copy of the charge.
(d) A charge issued by the administrator:
(1) shall consist of a short and plain written statement of the facts upon which the city attorney has found reasonable cause to believe that a discriminatory housing practice has occurred;
(2) shall be based on the final investigative report; and
(3) need not be limited to the facts or grounds alleged in the complaint filed under Section 20A-7 of this chapter.
(e) If the city attorney determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred, the city attorney shall issue to the administrator a short and plain written statement of the facts upon which the city attorney based the no reasonable cause determination.
(f) The administrator may not issue a charge and the city attorney may not bring or maintain a civil action in state district court for an alleged discriminatory housing practice after the aggrieved person has brought a civil action under local, state, or federal law seeking relief for the alleged discriminatory housing practice and the trial in the action has begun. If a charge may not be issued by the administrator or a civil action may not be brought or maintained by the city attorney because of the trial of a civil action brought by the aggrieved party, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing. (Ord. Nos. 13456; 14809; 20652; 20780; 21055)