A. The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county where the discriminatory practice occurred.
B. Such an enforcement proceeding shall be initiated by the filing of a petition in the court and the service of a copy thereof upon the person charged. The commission shall then file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part.
C. An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
D. Any party to the enforcement proceeding may move the court to remit the case to the commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the commission.
E. In the enforcement proceeding the court shall determine its order on the same basis as it would in a proceeding reviewing commission action under section 17A.19, code of Iowa, as amended.
F. The commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders.
G. The commission may appear in court by the city attorney or a designee.
H. If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission issued pursuant to this section, the commission may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.
I. Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure act, as amended. Notwithstanding the terms of such act, petition for judicial review may be filed in the district court in which an enforcement proceeding under subsections A and B of this section may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa administrative procedure act, as amended, the issuance of a final decision of the commission under this title occurs on the date notice of the decision is mailed by certified mail to the parties. Notwithstanding the time limit provided in section 17A.19, subsection 3 of the code of Iowa, as amended, a petition for judicial review of no probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty (30) days of the issuance of the final agency action. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)