136.12 REMEDIAL ACTIONS.
   (a)    If the Fair Housing Board finds that the respondent has not violated Section 136.03, its order under Section 136.10 shall dismiss the complaint.
   (b)    If the Fair Housing Board finds that the respondent has violated Section 136.03, its order under Section 136.10 shall provide for the taking of such remedial action, as it deems appropriate, which may include but not be limited to:
      (1)    Directing the respondent to cease and desist from violations of Section 136.03 and to take such affirmative steps as necessary to effectuate the purposes of this chapter;
      (2)    Initiating, at the Fair Housing Board's expense, an appropriate court action for the enforcement of Section 136.03, and for such other or further relief as the court may deem appropriate including, but not limited to, injunctive relief, compensatory damages, punitive damages to the complainant and/or attorney's fees and costs incurred by the complainant and/or the Fair Housing Board and/or the City; such court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Fair Housing Board;
      (3)    Initiating proceedings based upon violation of federal or state law and/or regulations;
      (4)    Initiating proceedings with any contracting agency, in the case of any violation of Section 136.03 by a respondent in the course of performing under a contract or subcontract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, for the purpose of terminating such contract or any portion thereof, or obtaining other relief;
      (5)    Initiating proceedings with the State of Ohio, where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 136.03;
      (6)    Directing the respondent to reimburse the complainant and/or the City, as applicable for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found, including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys' fees and costs;
      (7)    Directing the respondent to reimburse the City for its actual reasonable direct expenses incurred and to be incurred as a result of each violation found including reasonable attorneys' fees and costs;
      (8)    Assessing compensatory damages as appropriate, or arrange to have adjudicated in court, at the Fair Housing Board's expense, the award of compensatory damages against the respondent;
      (9)    Assessing civil penalties, as appropriate, or arranging to have adjudicated in court at the Fair Housing Board's expense, the award of punitive damages against the respondent. For purposes of this chapter, civil penalties are defined as penalties assessed against the respondent to vindicate the public interest in an amount:
         A.    Not exceeding $50,000 for a first violation; and
         B.    Not exceeding $100,000 for any subsequent violation.
      (10)    Such other further relief as the Fair Housing Board may deem appropriate for enforcement of Section 136.03.
   (c)    The Fair Housing Board shall make a final administrative disposition of a complaint within one (1) year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and respondent shall be notified in writing, of the reasons why disposition of the complaint cannot be made within the time prescribed.
   (d)    Nothing herein shall be construed to prevent the City, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter.
   (e)    The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Summit County Common Pleas Court pursuant to Chapter 2506 of the Ohio Revised Code, or in such other forum or court of competent jurisdiction as provided by law.
(Ord. 147-08. Passed 10-6-08.)