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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.)
(a) Notify the complainant and respondent of the time, place and date of the conciliation conference at least ten (10) days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and
(b) Attempt to resolve the complaint by methods of conference, conciliation 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 conferences shall be made public unless the parties agree thereto in writing. 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.
If the complaint has not been resolved by conciliation within sixty (60) calendar days after it has been received, the Administrator shall refer the complaint to the Fair Housing Board for an adjudicative hearing. (Ord. 10-O-79. Passed 9-7-10.)
At any time after the Administrator has determined pursuant to this Chapter that there are reasonable grounds to believe that a violation of Chapter 1175 of the Codified Ordinances has occurred, the Administrator may request the Law Director to petition the appropriate court for temporary relief pending final determination of the proceedings under this Chapter, including an order or decree restraining the respondent from doing or causing any act which would render ineffectual any order or action by the Fair Housing Board.
(Ord. 10-O-79. Passed 9-7-10.)
Within thirty (30) calendar days after the complaint is referred to the Fair Housing Board, the Board shall, upon due and reasonable notice to all parties, conduct a hearing on the complaint. Parties to the hearing shall be the complainant and respondent, and such other persons as the Board may deem appropriate. The hearing shall be open to the public. At least seven (7) days before the hearing, the Board shall serve upon respondent a statement of charges and a summons requiring the attendance of named persons and the production of relevant documents and records. The parties may apply to the Board to have subpoenas issued in the Board's name. Failure to comply with a summons or subpoena shall constitute a violation of this Chapter. The parties may file such statements with the Board as they deem necessary. No fewer than all three (3) of the members of the Board must be present at all times during a hearing. The parties may appear before the Board in person or by duly authorized representative, and may be represented by legal counsel. The parties shall have the right to present witnesses and cross-examine witnesses, and all testimony and evidence shall be given under oath or by affirmation. The formal rules of evidence need not be followed.
(Ord. 10-O-79. Passed 9-7-10.)
Where hearings have been held before the Board, all members of the Board shall participate in the determination of the complaint. Within fifteen (15) days of the close of the hearing, the decision shall be rendered, in the form of a written order which shall include findings of fact, a statement of whether the respondent has violated Chapter 1175 of the Codified Ordinances, and such remedial actions as the Board may order pursuant to this Chapter or Chapter 1175. The order shall be signed by all three (3) members and be served upon the parties by certified mail within fifteen (15) days of the date of the decision. The order shall be available for public inspection, and a copy shall be provided to any person upon request and payment of reproduction costs. (Ord. 10-O-79. Passed 9-7-10.)
(a) If the Board finds that the respondent has not violated Chapter 1175 of the Codified Ordinances, it shall dismiss the complaint.
(2) Initiating, at the Board's expense, an appropriate court action for the enforcement of this Chapter or Chapter 1175, and for such other or further relief as the court may deem appropriate, including, but not limited to, injunctive relief, compensatory damages, punitive damages, and/or attorneys' fees and costs for award to the complainant; such court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Board;
(3) Initiating proceedings for violation of federal or state law and/or regulations;
(4) Initiating proceedings with any contracting agency, in the case of a violation of Chapter 1175 by 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 causing a termination of 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 Chapter 1175;
(6) Directing the respondent to reimburse the complainant for the complainant's 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 accommodation, and reasonable attorneys' fees and costs.
(7) Assessing compensatory damages, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of compensatory damages against the respondent;
(8) Assessing civil penalties, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of a civil penalty against the respondent; and
(9) Directing the respondent to comply with such other further relief as the Board may deem appropriate for the enforcement of this Chapter or Chapter 1175.
(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 the 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 Board, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this Chapter and Chapter 1175. In addition, upon a finding by the Administrator that there are reasonable grounds to believe that a violation of this Chapter or Chapter 1175 has occurred, as provided in Section 167.05
, either the complainant or the respondent, in lieu of participating in the administrative hearing process before the Fair Housing Board, or at any time during said administrative process, may elect to have the case heard in a civil action. Upon notification thereof, the Board may initiate a civil action in a court of law on behalf of the complainant.
(e) The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Lake County Common Pleas Court pursuant to Ohio Revised Code Chapter 2506, or in such other forum or court of competent jurisdiction as provided by law.
(Ord. 10-O-79. Passed 9-7-10.)
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