A. Issuance Of Determination: If the commission determines that probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall immediately issue a determination unless the commission determines that the legality of a zoning or land use law or ordinance is involved as provided in subsection D of this section.
B. Conditions Of Determination: A cause determination must:
1. Consist of a short and plain statement of the facts on which the commission has found probable cause to believe that a discriminatory housing or real estate practice has occurred or is about to occur.
2. Be based on the final investigative report.
3. Need not be limited to the facts or grounds alleged in the complaint.
C. Distribution Of Copies Of Determination: Not later than twenty (20) days after the commission issues a cause determination, the commission shall send a copy of the determination with information as to how to make an election under section 8-5-9 of this chapter to all of the following persons:
1. Each respondent.
2. Each aggrieved person on whose behalf the complaint was filed.
D. Land Use Issues: If the commission determines that the matter involves the legality of a state or local zoning or other land use ordinance, the commission shall not issue a determination and shall immediately refer the matter to the city attorney's office for appropriate action.
E. Dismissal Of Complaint: If the commission determines that no probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall promptly dismiss the complaint. The commission shall make public disclosure of each dismissal under this chapter.
F. Trial Or Civil Action: The commission shall not issue a determination under this subsection regarding an alleged discriminatory housing or real estate practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to the discriminatory housing or real estate practice. (Ord. 18-09, 4-6-2009)