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(a) There is hereby confirmed by this Chapter a Fair Housing Board, previously created by Ordinance No. 78-O-11, which Board shall consist of three (3) electors of the City of Mentor appointed by City Council. Of the citizen members first appointed, one shall be appointed for a term of one (1) year, one for a term of two (2) years, and one for a term of three (3) years, and thereafter appointments shall be for three (3) year terms.
(b) The Fair Housing Board shall have the responsibility to administer the provisions of this Chapter and Chapter 1175 of the Codified Ordinances and to adjudicate complaints alleging violations of this Chapter and Chapter 1175. The Board shall have and may exercise the following powers to implement the purposes of this Chapter and Chapter 1175:
(1) To hold adjudicative hearings, make findings of fact, issue orders, enforce such orders, and seek judicial and/or administrative relief with respect to any such complaints in accordance with the provisions of this Chapter and Chapter 1175;
(2) To subpoena witnesses, compel their attendance, administer oaths, take sworn testimony, and, in connection therewith, to require the production for examination of any documents relating to any matter under investigation or in question before the Board, and enforce such powers by proper petition to any court of competent jurisdiction;
(3) To adopt such rules and regulations as the Board may deem necessary or desirable for the conduct of its business and to carry out the purposes of this Chapter and Chapter 1175; and
(4) To do such other acts as are necessary and proper to perform those duties with which the Board is charged under this Chapter and Chapter 1175.
(c) The Board shall elect one of its members as Chairman and one as Co-Chairman, both of whom shall serve until an appointment or reappointment to the Board at which time successors as Chairman and Co-Chairman shall be elected. It shall be the duty of the Chairman to call such meetings of the Board as are necessary to transact the business and affairs of the Board, to preside at all meetings of the Board, and to sign the minutes of all actions taken.
The Chairman, may, on his own initiative, and shall, upon a request of the other two members of the Board, call a meeting of the Board to be held not later than ten (10) days from the date of notice of such meeting. In the absence of the Chairman, the Co-Chairman shall act as Chairman. Two members of the Board shall constitute a quorum at any meeting of the Board; and, it shall require the affirmative vote of at least two members to adopt any motion or resolution.
(d) A member of the Fair Housing Board may be expelled or removed from the Board for one or more of the following reasons.
(1) Conviction while in office of a felony or other crime involving moral turpitude;
(2) Violation of his oath of office, including gross misconduct or malfeasance or nonfeasance in, or disqualification for office.
(3) Continuous absence from more than three consecutive meetings of the Fair Housing Board without a valid reason or excused absence by the Chairman or absence from more than fifty percent of the meetings during any twelve (12)-month period.
Action to remove a member from the Board must be brought by two members of the Board, in writing, specifying the reasons for requesting removal. A date will be
set for a public hearing. The accused member shall be notified in writing of the charge or charges at least fifteen (15) days in advance of such public hearing, and the member or the member's counsel shall be given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
Expulsion or removal from the Board shall be upon the concurrence of two members of the Fair Housing Board after a public hearing upon the charge or charges brought and thereupon the office of any such removed or expelled member of the Board shall be vacant. The City Council will be notified of the vacancy on the Board so that a replacement member can be appointed.
(e) The Board shall employ a suitable person, who may be a City employee, at a rate to be determined by Council, to act as Secretary of the Board. The Secretary shall attend all the meetings of the Board and keep the minutes thereof, shall keep in the form of minutes a record of the official actions of the Board, shall be at the office of the Board during the prescribed hours that such office is open, shall accurately and properly keep all the records of the Board, shall keep all files in proper order, shall prepare and deliver, or cause to be delivered, notices and other communications ordered by the Board, and shall promptly furnish the City Manager with copies of all minutes, resolutions and other recorded actions of the Board.
(Ord. 10-O-79. Passed 9-7-10.)
The City Manager, upon the recommendation of the Fair Housing Board, shall appoint an Administrator, who shall be a City employee. The Administrator shall have such duties, responsibilities and powers as may be provided by the Board, including, but not limited to, receipt and processing of complaints on behalf of the Board, or referring the complaint pursuant to Section 167.03 to any Fair Housing Advocate under contract with the City.
(Ord. 10-O-79. Passed 9-7-10.)
Any person may allege that a violation of Chapter 1175 of the Codified Ordinances has occurred, or that a violation is likely to occur and cause irrevocable injury, by filing with the Fair Housing Board, within one hundred eighty (180) days of the alleged violation or threatened violation, a written complaint setting forth his or her grievance. The complaint shall state, on a printed form made available by the Administrator, the name and address of the complainant, the name and address of the person(s) alleged to have committed a violation of Chapter 1175, and the particular facts thereof, and such other information as may be required by the Board. A complaint may be amended at any time. Upon the filing of a complaint pursuant to this section, and in lieu of pursing an investigation and affording relief as provided in the following sections, the Board or the Administrator may refer the complaint for investigation and prosecution to any Fair Housing Advocate under contract with the City of Mentor.
(Ord. 10-O-79. Passed 9-7-10.)
Within fifteen (15) calendar days after a complaint has been received by the Board, the Administrator shall serve, or cause to be served, in person, or by certified mail, a copy of the complaint on the person (hereinafter referred to as "respondent") alleged to have violated Chapter 1175 of the Codified Ordinances.
(Ord. 10-O-79. Passed 9-7-10.)
Within thirty (30) calendar days after a complaint has been received by the Board, the Administrator shall conduct an investigation of the complaint and shall determine either that:
(b) There are not reasonable grounds to believe that a violation of Chapter 1175 of the Codified Ordinances has occurred, in which case the Administrator shall then dismiss the complaint by preparing a written notice of dismissal, including the reasons therefor, and notify the parties of the dismissal, within five (5) days, by serving a copy of the notice of dismissal by certified mail on the parties. The notice of dismissal shall also be filed with the Board. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within fourteen (14) days of receipt of the notice of dismissal, the complainant may appeal by filing a written request with the Board for a review of the complaint. The Board shall meet and consider the appeal within fourteen (14) days of receipt of the notice of appeal, with the appellant given notice of the meeting and the right and opportunity to appear and present information to the Board. By a majority vote, the Board may overrule the dismissal and refer the complaint to the Administrator for conciliation pursuant to Section 167.06
or take further action as set out in this Chapter. (Ord. 10-O-79. Passed 9-7-10.)
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