(a) Any person subjected to an unlawful housing practice may file within 360 days of the alleged violation with the Official 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 Official. The Official may also corroborate or initiate complaints on the basis of testing carried out by himself or volunteers authorized by him.
(b) Upon the filing of a complaint the Official shall make such investigation as he deems appropriate to ascertain facts and issues. If the Official shall determine that there are reasonable grounds to believe a violation has occurred, he 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. Consent agreements shall be signed by the Official.
(d) The Official 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 Official determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he shall dismiss such complaint or order such further investigation as may be necessary; provided, that he shall not dismiss such complaint without first affording the complainant an opportunity to appear before him.
(f) If the Official, 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 shall immediately schedule a public hearing to determine whether a violation of this chapter has been committed. The Official shall serve upon the respondent a statement of charges and a summons and shall serve upon all interested parties a notice of the time and place of hearing. The respondent or his authorized counsel may file such statements with the Official prior to the hearing date as it deems necessary in support of its position. The hearing shall be opened to the public, except that the respondent may request in writing a private hearing; the determination of such request shall be discretionary with the Official. 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 Official and the issuance of such summons shall require the attendance of 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 Official 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. The Official shall keep a full record of the hearing, which record shall be public and open to inspection by any person, and upon request by any principal party to the proceeding, the Official shall furnish such party a copy of the hearing record, if any, at such cost as he deems appropriate and reasonable.
(g) If at the conclusion of the hearing the Official shall determine upon the preponderance of the evidence that the person complained against has violated this chapter, he shall, after consultation with the Village Solicitor in executive session, state his findings to and cause the Solicitor to prepare and issue an order under his directive requiring 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 he determines that the person complained against has not after fifteen (15) calendar days following service of the order complied with the order, he will recertify the matter to the Solicitor for enforcement.
(h) Upon recertification to the Solicitor for enforcement, the Solicitor shall seek compliance by appropriate civil action brought in the name of the Fair Housing Official of the Village of Linndale 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 Official shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, he shall state and publish his findings and issue an order dismissing the complaint.
(Ord. 89-13. Passed 2-6-90.)