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§ 96.11 INVESTIGATIONS; SUBPOENAS; GIVING OF EVIDENCE.
   (A)   In conducting an investigation, the Mayor shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record, and copy the materials and take and record the testimony or statements of any persons as are reasonably necessary for the furtherance of the investigation; provided, however, that the Mayor first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Mayor may issue subpoenas to compel his or her access to or the production of materials, or the appearance of persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. The Mayor may administer oaths.
   (B)   Upon written application to the Mayor, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Mayor to the same extent and subject to the same limitations as subpoenas issued by the Mayor himself or herself. Subpoenas issued at the request of a respondent shall show on their face the name and address of the respondent and shall state that they were issued at his or her request.
   (C)   Witnesses summoned by subpoena of the Mayor shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her.
   (D)   Within five days after service of a subpoena upon any person, the person may petition the Mayor to revoke or modify the subpoena. The Mayor shall grant the petition if he or she finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
   (E)   In case of contumacy or refusal to obey a subpoena, the Mayor or other person at whose request it was issued may petition for its enforcement in the state court for the district in which the person to whom the subpoena was addressed resides, was served or transacts business.
   (F)   No person shall willfully fail or neglect to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in his or her power to do so, in obedience to the subpoena or lawful order of the Mayor. No person shall, with intent thereby to mislead the Mayor, make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted to the Mayor pursuant to its subpoena or other order, or willfully neglect or fail to make or cause to be made full, true and correct entries in any reports, accounts, records or other documents, or willfully mutilate, alter or by any other means falsify any documentary evidence.
   (G)   The City Attorney shall conduct all litigation in which the Mayor participates as a party or as amicus pursuant to this chapter.
(Ord. 3-95, passed 3-6-1995) Penalty, see § 96.99
§ 96.12 ENFORCEMENT BY PRIVATE PERSONS.
   (A)   The rights granted by §§ 96.03 through 96.06 may be enforced by civil actions in state or local courts of general jurisdiction. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred; provided, however, that the court shall continue such civil case brought pursuant to this section or § 96.10(D) from time to time before bringing it to trial, if the court believes that the conciliation efforts of the Mayor are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the Mayor and which practice forms the basis for the action in court; and provided, however, that any sale, encumbrance, or rental consummated prior to the issuance of any court order issued under the authority of this chapter, and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter shall not be affected.
   (B)   The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order or other order, and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff; provided, that the plaintiff, in the opinion of the court, is not financially able to assume the attorney fees.
(Ord. 3-95, passed 3-6-1995)
§ 96.13 INTERFERENCE, COERCION OR INTIMIDATION.
   It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 96.03 through 96.06. This section may be enforced by appropriate civil action.
(Ord. 3-95, passed 3-6-1995) Penalty, see § 96.99
§ 96.14 PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.
   No person shall, whether or not acting under color of law, by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with:
   (A)   Any person because of his or her race, color, religion, disability or national origin and because he or she is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;
   (B)   Any person because he or she is or has been, or in order to intimidate that person or any other person or any class of persons from:
      (1)   Participating, without discrimination on account of race, color, religion, disability or national origin, in any of the activities, services, organizations or facilities described in division (A) of this section; or
      (2)   Affording another person or class of persons opportunity or protection so to participate.
   (C)   Any citizen because he or she is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in division (A) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(Ord. 3-95, passed 3-6-1995) Penalty, see § 96.99
§ 96.99 PENALTY.
   (A)   First offense. A fine of $50, if paid within 30 days of citation; and additional $50 if not paid within 30 days of citation, plus interest at the rate of 1% per month, compounded monthly.
   (B)   Second offense. A fine of $100, if paid within 30 days of citation; and additional $100 if not paid within 30 days of a citation, plus interest at the rate of 1% per month, compounded monthly.
   (C)   Third offense. A fine of $500, if paid within 30 days of citation; and additional $500 if not paid within 30 days of citation, plus interest at the rate of 1% per month, compounded monthly.
   (D)   Other fees and costs. Nothing in this section will affect the imposition of attorney fees or legal costs and this section does not repeal the imposition of the same in prior ordinances or ordinances that may be enacted and ordained after this section is enacted or ordained.
(Ord. 6-2011, passed 5-2-2011)