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(a) A complaint may be dismissed by the administrator:
(1) during the investigation and prior to referral to the city attorney when the administrator determines that:
(A) the complaint was not filed within the required time period;
(B) the location of the alleged discriminatory housing practice is not within the city’s jurisdiction;
(C) the alleged discriminatory housing practice is not a violation of this chapter;
(D) the complainant or aggrieved person refuses to cooperate with the administrator in the investigation of the complaint or enforcement of the executed conciliation agreement;
(E) the complainant, or the aggrieved person if different from the complainant, cannot be located after the administrator has performed a reasonable search; or
(F) a conciliation agreement has been executed by the respondent, complainant, and aggrieved person if different from the complainant; or
(2) within 10 days after receipt of a statement of no reasonable cause from the city attorney.
(b) A criminal action may be dismissed by a municipal judge upon motion of the city attorney, if after the city attorney files the action charging a respondent with a discriminatory housing practice, a conciliation agreement is executed under Section 20A-10 before the trial begins in municipal court.
(c) The administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent of the dismissal of the complaint, including a written statement of facts, and make public disclosure of the dismissal by issuing a press release, unless the respondent requests that no public disclosure be made. (Ord. Nos. 13456; 14809; 20652; 20780)
(a) If a respondent has been found by the administrator and the city attorney to have breached an executed conciliation agreement or if the administrator has issued a charge under Section 20A-12, the city attorney, upon the request of the administrator, shall initiate and maintain a civil action on behalf of the aggrieved person in the state district court seeking relief under this chapter.
(b) An aggrieved person may intervene in the action.
(c) If the court finds in the civil action that the conciliation agreement has been violated or a discriminatory housing practice has occurred, the court may award to the plaintiff:
(1) actual and punitive damages;
(2) civil penalties payable to the city for vindication of the public interest in an amount that does not exceed:
(A) $10,000 if the respondent has not been adjudged by order of a court to have committed a prior discriminatory housing practice;
(B) except as provided by Subparagraph (D) of this paragraph, $25,000 if the respondent has been adjudged by order of a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and
(C) except as provided by Subparagraph (D) of this paragraph, $50,000 if the respondent has been adjudged by order of a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.
(D) If the acts constituting the discriminatory housing practice that is the subject of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in Subparagraphs (B) and (C) of this paragraph may be imposed without regard to the period of time within which any other discriminatory housing practice occurred;
(3) reasonable attorney’s fees;
(4) costs of court; and
(5) any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action.
(d) If actual damages are sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the actual damages if the aggrieved person has not complied with discovery orders entered by the court.
(e) The city shall not be subject to orders for sanctions for the failure of the complainant, if other than the administrator, or aggrieved person to comply with discovery requests of the defendant or discovery orders of the court.
(f) Any resolution of a charge before a final order is signed by the state district court under this section requires the consent of the aggrieved person on whose behalf the charge is issued. (Ord. Nos. 20780; 21055; 32157)
(a) An aggrieved person may file a civil action in state district court not later than two years after the occurrence or termination of an alleged discriminatory housing practice or after the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or the breach of the conciliation agreement. Except for civil actions due to the breach of a conciliation agreement, computation of the two-year period does not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon a discriminatory housing practice.
(c) An aggrieved person may not file an action under this section for an alleged discriminatory housing practice that forms the basis of a charge issued by the administrator if:
(1) the administrator has obtained a conciliation agreement with the consent of the aggrieved person; or
(2) the city attorney has filed a civil action on the charge in state district court on behalf of the aggrieved person.
(d) In an action under this section, if the court finds that a discriminatory housing practice has occurred, the court may award to the plaintiff:
(1) actual and punitive damages;
(2) reasonable attorney’s fees;
(3) court costs; and
(4) subject to Section 20(A)-16 of this chapter, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action.
(e) A court in a civil action brought under this section may award reasonable attorney’s fees to the prevailing party and assess court costs against the non- prevailing party. (Ord. Nos. 20780; 32157)
(1) was consummated before the granting of the relief; and
(2) involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this chapter or a civil action under Section 20A-17. (Ord. 20780)
(a) For purposes of this chapter, any notice, paper, or document required to be served on any person under this chapter may be served in person or by United States mail to the person’s last known address.
(b) When service is by mail, three days will be added to the prescribed time period allowed under this chapter for timely filing.
(c) Service is complete and time periods begin to run at the time the required notice, paper, or document is delivered in person or deposited in a United States postal receptacle. (Ord. 20780)
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