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(A) (1) The authority for administering this chapter shall be in the Judge/Executive.
(2) The Judge/Executive may delegate any of these functions, duties and powers to employees of the county or to boards of the employees, including functions, duties and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business or matter under this chapter. The Judge/Executive shall by rule prescribe the rights of appeal from the decisions of his or her hearing examiners to other hearing examiners or to other officers in the county to boards of officers or to himself or herself, as shall be appropriate and in accordance with law.
(3) All executive departments and agencies shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Judge/Executive. The Judge/Executive shall commence educational and conciliatory activities as will further the purposes of this chapter. He or she shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this chapter and his or her suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement.
(B) (1) Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “person aggrieved”) may file a complaint with the Judge/Executive. Complaints shall be in writing and shall contain the information and be in the form as the Judge/Executive requires. Upon receipt of a complaint, the Judge/Executive shall furnish a copy of the same to the person or persons who allegedly committed or about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference under division (B)(3) below, the Judge/Executive shall investigate the complaint and given notice in writing to the person aggrieved whether he or she intends to resolve it. If the Judge/Executive decides to resolve the complaints, he or she shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of the informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned.
(2) A complaint under division (B)(1) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him or her and with the leave of the Judge/Executive which shall be granted whenever it would be reasonable do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(3) If, within 30 days after a complaint is filed with the Judge/Executive, the Judge/Executive has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Judge/Executive will assist in this filing.
(4) If the Judge/Executive has been unable to obtain voluntary compliance within 30 days of the complaint, the person aggrieved may, within 30 days hereafter commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as the rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in the practice or order the affirmative action as may be appropriate.
(5) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(6) Whenever an action filed by an individual shall come to trial, the Judge/Executive shall immediately terminate all efforts to obtain voluntary compliance.
(C) (1) The rights granted by §§ 93.03 through 93.06 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. The court shall continue the civil case brought pursuant to this section from time to time before bringing it to trial if the court believes that the conciliation efforts of the Judge/Executive are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the Judge/Executive and which practice forms the basis for the action in court. 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.
(2) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order or other order, any 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, if the plaintiff, in the opinion of the court, is not financially able to assume the attorney’s fees.
(2001 Code, § 90.08) (Ord. passed 8-14-1990)
(A) In conducting an investigation, the Judge/Executive 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 materials and take and record the testimony or statements of persons as are reasonably necessary for the furtherance of the investigation. The Judge/Executive first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Judge/Executive may issue subpoenas to compel his or her access to or the production of the materials, or the appearance of the persons, any 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 Judge/Executive may administer oaths.
(B) Upon written application to the Judge/Executive, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the same of the Judge/Executive to the same extent and subject to the same limitations as subpoenas issued by the Judge/Executive. 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 Judge/Executive 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 Judge/Executive to revoke or modify the subpoena. The Judge/Executive 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 Judge/Executive 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) Any person who willfully fails or neglects 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 Judge/Executive, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead the Judge/Executive shall make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted to the Judge/Executive pursuant to his or her subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in the reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(G) The County Attorney shall conduct all litigation in which the Judge/Executive participates as a part or as amicus pursuant to this chapter.
(2001 Code, § 90.09) (Ord. passed 8-14-1990)
It shall be unlawful to coerce, intimidate, threaten or interfere with any persons 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 §§ 93.03 through 93.06. This section may be enforced by appropriate civil action.
(2001 Code, § 90.10) (Ord. passed 8-14-1990) Penalty, see § 93.99
Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to inure, intimidate or interfere with:
(A) Any person because of his or her race, color, religion, sex, national origin, familial status or handicapped status, 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; or
(B) Any person because he or she is or has been, or in order to intimidate the person or any other person or any class of persons from:
(1) Participating, without discrimination on account of race, color, religion, sex, national origin, familial status or handicapped status in any of the activities, services, organization or facilities described herein; or
(2) Affording another person or class of persons opportunity or protection to so participate.
(2001 Code, § 90.11) (Ord. passed 8-14-1990)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any employee of the Judge/Executive who shall make public any information in violation of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.
(2001 Code, § 90.08) (Ord. passed 8-14-1990)