(A) Filing of complaint. Any person claiming to be aggrieved by a violation hereof may, within 180 days of the alleged violation or 1 year of the alleged violation as pertains to housing, file a written complaint, made under oath, with the City Manager.
(B) Complaint requirements. The written complaint shall contain the following information:
(1) The name and address (if known) of the alleged violator or a statement of facts sufficient to identify such person;
(2) A statement of the material facts upon which the complaint is based;
(3) With particularity, the alleged violation;
(4) A statement that any conduct of the complainant was for the purpose of obtaining public accommodation, employment or housing and not for the purpose of harassment or entrapment of the person against whom the complaint is made; and
(5) A statement that a complaint for any alleged violation has not been filed with any other agency or that any such complaint filed with any other agency has been dismissed by such agency without a final determination.
(C) Procedure upon receipt. Upon receipt and review of the complaint, the Enforcement Officer shall first make the following determination and take the following action:
(1) If the complaint alleges discrimination based upon race, color, religion, national origin, sex, age (40 years on older), disability or familial status, the complaint shall immediately be referred to the Kentucky Commission on Human Rights, as set forth in § 102.08 hereof, for further processing, investigation and/or administrative proceedings.
(2) If the complaint alleges discrimination based upon sexual orientation or gender identity, it shall be proceeded against by the Enforcement Officer for investigation and/or administrative proceedings.
(3) In such event, the Enforcement Officer shall be required to notify the respondent, by certified mail, of the filing of the complaint along with a copy thereof and that the respondent shall be required to file a written response to the complaint with the Enforcement Officer within 20 days from its receipt. Failure to do so may result in a summary determination by the Enforcement Officer that a violation has occurred.
(4) Investigation.
(a) The Enforcement Officer shall conduct an independent investigation of the alleged violation in conjunction with the response, if any.
(b) If, after investigation, the Enforcement Officer determines there is no probable cause to believe that a violation has occurred, the Enforcement Officer shall dismiss the complaint and provide notice of the same, by certified mail, upon the complainant and respondent. The notice shall indicate however that the complainant may file a written request for reconsideration within 10 days of receipt thereof.
(c) If, after investigation, the Enforcement Officer determines that there is probable cause to support the allegations contained in the complaint, the Enforcement Officer shall attempt to resolve the alleged violation by a conciliation agreement to be signed by all parties and acknowledged by the Enforcement Officer wherein the violation is eliminated and the complainant made whole to the greatest extent practicable.
(d) 1. If a resolution or settlement is achieved, the Enforcement Officer shall reduce the same to writing and shall furnish a signed copy to both parties. The terms of the conciliation agreement may be made public. The conciliation agreement need not contain a declaration or finding that a violation has, in fact, occurred and may provide for dismissal of the complaint without prejudice.
2. It shall be deemed an unlawful practice for any party to a conciliation agreement entered into herein to violate the terms of the agreement and upon a subsequent finding of such violation shall be subject to appropriate action and fine by the Enforcement Officer.
(e) In the event a conciliation is not achieved, the Enforcement Officer shall then proceed with an administrative hearing in accordance with the applicable provisions of the Kentucky Civil Rights Act, including KRS 344.240, and KRS Chapter 13B.
(5) Hearing procedure, adjudication and review.
(a) The Enforcement Officer shall set a date, time and place for an administrative hearing and shall notify the complainant and respondent, in writing, by regular mail, of such no less than 20 days in advance of the scheduled hearing date.
(b) The Enforcement Officer shall conduct the hearing and regulate the course of the proceedings in a prompt and orderly fashion.
(c) Either party may submit a pre- hearing statement to the Enforcement Officer no later than 10 days in advance of the scheduled hearing date.
(d) If the Enforcement Officer finds that a violation has occurred, the Enforcement Officer may recommend a civil penalty not to exceed $500.
(e) The Enforcement Officer shall prepare, in writing, within 30 days of the conclusion of the hearing, a written report of the final adjudication and shall send, by certified mail, to the complainant and respondent, a copy of the final written adjudication with indication of any fine assessed and notice of the right of appeal.
(6) Appeals.
(a) In the event there is a final written adjudication in favor of the complainant, the respondent shall have 30 days from receipt of the final written adjudication to pay any penalty assessed therein. If the respondent fails to pay the penalty within the given period of time, the Legal Department shall be entitled to place a lien against the respondent's property with the office of the Campbell County Clerk to secure payment of the same. Nonpayment shall bear interest thereon at the rate of 1%, per calendar month.
(b) Either party aggrieved may file an appeal of the final written determination of the Enforcement Officer with the Campbell District Court within 30 of the date the final written determination is issued. Upon appeal any fine assessed against the respondent shall be stayed until final determination by the Court.
(c) The appeal shall be initiated by the filing of a complaint accompanied by a copy of the final written determination in the same manner as with any civil action under the Kentucky Rules of Civil Procedure. The appeal shall be tried de novo. The final judgment of the District Court may be further appealed to the Campbell Circuit Court in accordance with the Kentucky Rules of Civil Procedure.
(Ord. O-2020-005, passed 3-10-2020)