A. A person commits an unlawful practice and violates this title if the person intentionally or knowingly violates a provision of this title or if the person intentionally or knowingly obstructs or prevents compliance with this title.
B. An unlawful practice committed under this title by a respondent owning or operating fifty (50) or fewer dwellings or employing fourteen (14) or fewer employees is punishable by a fine of not more than five hundred dollars ($500.00).
C. An unlawful practice committed under this title by a respondent owning or operating fifty one (51) or more dwellings or by a real estate broker or salesperson or employing fifteen (15) or more employees is punishable by a fine of not more than one thousand dollars ($1,000.00). (Ord. 2014-04, 2-20-2014)
A. Any person who claims to have been injured by an unlawful practice may file a complaint with the board. A complaint may also be filed by the board if the board has reasonable cause to believe that a person has committed an unlawful practice under this title. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful practice has occurred.
B. A complaint must be in writing on a form provided by the board, made under oath or affirmation, and contain the following information:
1. The complainant's name, address, and signature;
2. The date the alleged unlawful practice occurred;
3. A statement of the facts upon which the allegation of an unlawful practice is based; and
4. The respondent's name and address.
C. Promptly after the filing of a complaint, the board shall:
1. Provide the respondent named in the complaint written notice that a complaint alleging the commission of an unlawful practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) calendar days after service of notice of the complaint.
D. Not later than the fifteenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:
1. The respondent's name, address, telephone number, and signature of the respondent or the respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (Ord. 2014-04, 2-20-2014)
A. Upon the filing of a complaint, the board shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the board determines that the complaint does not come within the scope of this title. Upon determining that a particular complaint does not come within the scope of this title, the board shall dismiss the complaint, notify the complainant and the respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the board shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The board may dismiss a complaint during the investigation and prior to referral to the city attorney if the board determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful practice is not within the city's jurisdiction;
3. The alleged unlawful practice is not a violation of this title;
4. The complainant refuses to cooperate with the board in the investigation of the complaint or enforcement of an executed conciliation agreement;
5. The complainant cannot be located after the board has performed a reasonable search; or
6. A conciliation agreement has been executed by the complainant and respondent. (Ord. 2014-04, 2-20-2014)
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