(A) Any person aggrieved in any manner by a violation of this chapter may file a verified complaint with the administrator within one hundred eighty (180) days of the alleged violation. The complaint shall be submitted, on the form set forth below, to be provided by the clerk of the village and shall contain a short and plain statement of the alleged violation, the name and address (if known) of the person charged (respondent) and shall be signed by the aggrieved party (complainant) or by the human relations commission by its chairman. The aggrieved party may be assisted in the filing of a complaint by a member or members of the human relations commission. A complaint may be amended at any time.
(B) Within thirty (30) days after the complaint is filed, the administrator shall serve a copy of the complaint personally or by certified mail, return receipt requested, on the person charged and shall furnish copies thereof to the fair housing review board.
(C) Within thirty (30) days after the complaint is filed, the administrator shall review the complaint to determine whether the allegations contained herein, if true, would constitute a violation of this chapter. If the administrator determines that they would, he shall order a hearing to be held on the complaint.
(D) If the administrator determines that the allegations of a complaint, if true, would not constitute a violation of this chapter, the board shall review that determination within thirty (30) days after it is made. If the board decides that the allegations do not constitute a violation, it shall order that the complaint be dismissed. If the board decides that the allegations do constitute a violation, it shall order that a hearing be held on the merits of the complaint. The board shall render its decision in writing, setting forth its reasons therefor, and shall immediately serve a copy of its decision on the complainant and respondent, either personally or by certified mail, return receipt requested.
(E) If the administrator or the board orders that a hearing should be held on the merits of the complaint, the complainant and respondent shall also be served, either personally or by certified mail, return receipt requested, with a notice of hearing, setting forth the date, time and place of such hearing. This hearing shall be held within sixty (60) days after the administrator or the board orders the hearing.
(F) Prior to the hearing, the board shall set a time and place for a conciliation conference and shall notify complainant and respondent of same. At the conciliation conference, the administrator shall attempt to resolve the dispute between the parties.
(G) If it is not possible to conciliate the complaint before the date set for the hearing, or if the respondent fails to appear at the conciliation conference, the board shall proceed to hold the hearing at the date and time designated. This hearing shall be open to the public, and the parties may be represented by counsel. The board shall receive oral and written evidence presented by the parties. All proceedings shall be recorded to maintain an official record; a transcript may be made at the expense of the party requesting such transcript.
(H) Time limitations in this section may be extended by consent of all parties or by order of the board based upon good cause. Nothing in this section shall preclude a complainant from withdrawing a complaint, or shall preclude the parties from entering into conciliation proceedings at any time.
(I) If, in the discretion of the board, immediate court action is advisable, the board may at any time direct the village attorney to file a complaint in a court of competent jurisdiction requesting injunctive or other appropriate relief. Such action may be taken although administrative action is pending before the board.
(J) At hearings conducted by the board, all parties shall be given due notice to appear. A panel of not less than two (2) of the same members of the board must be present at all times. Only those members who have attended all hearings on a matter shall participate in the determination of the complaint.
(K) Within thirty (30) days of the conclusion of the hearing, the board shall render, its decision, in writing with findings of fact and shall issue appropriate orders, which shall be served upon the complainant and the respondent by certified mail, return receipt requested. Such decision of the board must receive the affirmative consent of a majority of those members of the board who have been present at all the hearings referenced above.
(L) If the board determines that the respondent has not violated section 7-26-6 of this chapter the complaint shall be dismissed.
(M) If the board determines that the respondent has violated section 7-26-6 of this chapter, it may order whatever relief it deems appropriate, including such fines and penalties, as provided for in this chapter, injunctive relief, compensatory and/or punitive damages, and an award of attorney fees on the complainant.
(N) In the event of noncompliance with orders of the board, the board shall direct the village attorney to apply to a court of competent jurisdiction for appropriate relief.
(O) In addition to the penalties provided in this chapter, the board may direct the village attorney to file with the appropriate state agency a complaint against any person found to have violated any provision of this chapter, seeking suspension or revocation of the license issued to such person or other appropriate sanctions.
(P) In addition to the remedies provided in this chapter, any person injured by a violation of this chapter shall have the right to immediately seek redress in the courts. A court may order whatever relief is appropriate, including injunctive relief, compensatory and/or punitive damages, and reasonable attorney fees and costs.
(Q) Any party to a hearing may apply for judicial review of a board decision before a court of competent jurisdiction. A board decision may be overturned only if it is arbitrary and capricious, or otherwise not in accordance with law. (Ord. 2012-02, 4-19-2012)