(A) Enforcement and imposition of civil penalties by the Village Manager or his or her designee.
(1) If, upon presentation of all the evidence in a hearing pursuant to § 90.09, the Village Manager or his or her designee finds that the person charged in the complaint has not engaged in or is not engaging in any unlawful real estate practice or any other violation of this chapter, he or she shall state his or her findings of fact and dismiss the complaint. If, upon the preponderance of the evidence, the Village Manager or his or her designee finds that the respondent has engaged in or is engaging in an unlawful real estate practice or other violation of this chapter, the Village Manager or his or her designee shall state his or her findings of fact and impose a civil penalty, not to exceed $1,000 upon the person or persons found to have violated the provisions of this chapter and issue such orders to eliminate the discrimination and to prevent recurrent violations as deemed appropriate.
(2) The Village Manager or his or her designee may, upon a finding of discrimination, request that the Village Board direct the Village Attorney to petition or institute proceedings with the Illinois Department of Financial and Professional Regulation for the purpose of causing the departments to revoke, suspend or refuse to renew the license granted by such department to any real estate broker or salesperson found to have violated any provision of this chapter.
(3) The Village Manager, or his or her designee, may, in the case of any unlawful real estate practice or violation of this chapter by any person 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, request the Village Board to petition or institute proceedings against such contracting agency for the purpose of seeking to have such contract or any portion thereof terminated, either absolutely or on condition of compliance with the provisions of this chapter.
(4) The Village Manager, or his or her designee, may, in the event the respondent fails to comply with any order issued by the Village Manager, or his or her designee, pursuant to this chapter, request the Village Board to direct the Village Attorney to bring suit for an injunction to enjoin any violation of this chapter.
(B) Enforcement and civil penalties imposed by Commission. If, upon presentation of all the evidence, the hearing examiner or a majority of the members of the hearing panel holding the hearing finds that the Village has not engaged in or is not engaging in any unlawful real estate practice or any other violation of this chapter, the hearing panel or hearing examiner shall state its findings of fact and dismiss the complaint. If, upon the preponderance of all the evidence, the hearing examiner or a majority of the hearing panel finds that the Village has engaged in or is engaging in an unlawful real estate practice or other violation of this chapter, the hearing panel or hearing examiner shall be empowered to state its findings of fact, conclusions and reasoning and impose such civil penalties not exceeding $1,000 and issue such orders to eliminate the discrimination and to prevent recurrent violations as deemed appropriate, consistent with the terms of this chapter and the rules and regulations of the Commission. The decision of the hearing panel or hearing examiner shall be the decision of the Commission. All fines collected from the Village as a result of decisions of the Commission shall be used by the Commission for efforts at educating and promoting fair housing and related issues within the Village through publications, seminars for Village staff and/or residents, Town Hall meetings and the like.
(1997 Code, § 43.21) (Ord. 78-3, passed 2-9-1978; Am. Ord. 83-17, passed 6-23-1983; Am. Ord. C0-00-33, passed 12-4-2000; Am. Ord. CO-09-10, passed 5-5-2009)