(a) Any person subjected to an unlawful housing practice may, within 360 days of the alleged violation, file with the City Manager's Office a complaint in writing, sworn to or affirmed, which shall state the name and address of the person alleged to have committed the violation complained of and the particulars thereof, and such other information as may be required by the Manager. The Manager may also corroborate or initiate complaints on the basis of testing carried out by his or her staff or volunteers authorized by the Manager.
(b) Upon the filing of a complaint, the Manager or his or her designee shall make such investigation as he or she deems appropriate to ascertain facts and issues. If the Manager or his or her designee shall determine that there are reasonable grounds to believe a violation has occurred, he or she shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public, unless the parties agree thereto in writing.
(c) The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated.
(d) The Manager is authorized to seek the cooperation and aid of the Ohio Real Estate Board or Ohio Civil Rights Commission in any investigation under this chapter.
(e) If the Manager determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he or she may in his or her discretion dismiss such complaint or order such further investigation as may be necessary, provided that the Manager shall not dismiss such complaint without first affording the complainant an opportunity to be heard.
(f) If the Manager, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties have in good faith attempted such conciliation, fails to effect an informal conciliation agreement or a formal consent agreement or determines that a complaint is not susceptible of conciliation, he or she shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Manager shall serve upon the respondent a statement of charges and a summons of hearing. The respondent or his or her authorized counsel may file such statements with the Manager prior to the hearing date as he or she deems necessary in support of his or her position. The hearing shall be open to the public, except that the respondent may request in writing a private hearing. The determination of such request shall be discretionary with the Manager. The hearing shall be held not less than fifteen days after service of the statement of charges and summons. The summons so issued must be signed by the Manager and the issuance of such summons shall require the attendance of the named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter. The interested parties may, at their option, appear before the Manager in person or by duly authorized representative and may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. A full record of the hearing shall be kept, which record shall be public and open to inspection by any person, and upon request by a principal party to the proceeding, the Manager shall furnish such party a copy of the hearing record, if any, at such cost as the Manager deems appropriate.
(g) If at the conclusion of the hearing the Manager shall determine upon the preponderance of the evidence that the person complained against has violated this chapter, the Manager shall, after consultation with the Law Director in executive session, state his or her findings and cause the person complained against to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purposes of this chapter, with notice that if the Manager determines that the person complained against has not after fifteen calendar days following service of the order complied with the order, the Manager will recertify the matter to the Law Director for enforcement.
(h) Upon recertification to the Law Director for enforcement, he or she shall seek compliance by appropriate civil action brought in the name of the City before a court of competent jurisdiction. In any such proceeding, where the court determines that there has been a violation of this chapter, the court shall award compensatory damages and, where appropriate, punitive damages, along with attorney fees. The court may also order such other relief as it deems necessary or appropriate.
(i) If at the conclusion of the hearing the Manager shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, the Manager shall state and publish its findings and issue its order dismissing the complaint.
(Ord. 2236. Passed 11-27-89.)