A. Upon the filing of a complaint, the administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the administrator shall dismiss the complaint, notify the complainant and the respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The administrator may request issuance of an executive branch subpoena to compel the attendance of a witness or the production of relevant materials or documents pursuant to title 4, chapter 4, article B of this code.
D. The administrator may dismiss a complaint at any time during the investigation if the administrator determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful housing practice is not within the city's jurisdiction;
3. The alleged unlawful housing practice is not a violation of this chapter;
4. The facts are insufficient to initiate a proceeding for the administrative imposition of civil penalties;
5. The complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
6. The complainant cannot be located after the administrator has performed a reasonable search; or
7. A conciliation agreement has been executed by the complainant and respondent.
E. To avoid duplication of enforcement actions, the administrator may, but is not required to, dismiss the complaint if the administrator determines that the alleged unlawful practice, if proven, violates existing federal or state law. If dismissed, the administrator will refer complainant to appropriate federal or state enforcement agencies.
(Ord. 2011-10, 3-15-2011)