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§ 32.22 UNFAIR HOUSING PRACTICES FORBIDDEN.
   (A)   An owner or manager shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of an occupant, purchaser, prospective occupant or prospective purchaser:
      (1)   Refuse to sell, lease, rent or sublease a housing accommodation to a prospective occupant;
      (2)   Expel or evict an occupant from a housing accommodation; or
      (3)   Discriminate against an occupant or prospective occupant in the price, terms, conditions or privileges of sale, lease, rent or sublease, or occupancy of a housing accommodation, or in the furnishing of any related facilities or service.
   (B)   A real estate broker, agent, salesman or employee shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of an occupant, purchaser, prospective occupant or prospective purchaser:
      (1)   Refuse or intentionally fail to list a housing accommodation for sale, lease, rent or sublease;
      (2)   Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, lease, rent or sublease; or
      (3)   Refuse or intentionally fail to transmit to an owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation.
   (C)   A lender shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of a borrower or prospective borrower:
      (1)   Deny a prospective borrower a loan for the acquisition, construction, repair or maintenance of a housing accommodation; or
      (2)   Discriminate against a borrower or prospective borrower in the terms, conditions or privileges of such a loan.
   (D)   An owner, manager, real estate broker, agent, salesperson, employee or lender shall not:
      (1)   Require any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference in connection with the sale, lease, rent or sublease of any housing accommodation;
      (2)   Post, publish, circulate or cause to be posted, published or circulated any notice, statement or advertisement which relates to the sale, lease, rent or sublease, acquisition or financing of any housing accommodation which indicates directly or indirectly a preference, limitation, specification or discrimination, based on race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference;
      (3)   Discriminate against a person in any manner because such person has complied or proposes to comply with the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this subchapter;
      (4)   Induce or attempt to induce for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference; or
      (5)   Represent to any person because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference that any dwelling is not available for inspections, sale or rental when such dwelling is in fact so available.
(Prior Code § 2-3-3) (Ord. 74-426, passed 8-21-1974)
§ 32.23 EXCLUSIONS.
   (A)   Nothing in this subchapter shall be construed to include, or to apply to any bona fide club, fraternal or religious organization but where public use for the purpose of profit is carried on by a bona fide club, fraternal or religious organization such use is banned by this subchapter.
   (B)   Nothing in this subchapter shall be interpreted to prohibit any person from making a choice from among prospective purchasers and tenants of property on the basis of factors other than race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference.
   (C)   Nothing in this subchapter shall prohibit the use of lawyers, escrow agents, title companies and such other professional assistance as may be necessary to perfect or transfer the title to property.
   (D)   Nothing in this subchapter shall limit an owner’s right to expel or evict an occupant or tenant from a housing accommodation for any reason permitted by law, or lawfully agreed upon by contract; provided, that such action is not based on race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of the occupant.
(Prior Code § 2-3-4) (Ord. 74-426, passed 8-21-1974)
§ 32.24 FAIR HOUSING COMMISSION.
   (A)   Creation, membership, term. There is hereby created the Fair Housing Commission. This Commission shall consist of seven members, each to be appointed by the Mayor and confirmed by the Council, to serve without compensation for a term of three years, subject to removal by the Mayor with the approval of the Council. Not more than one member of the Commission shall be an officer or employee of the city. If a vacancy occurs on the Commission, it shall be filled by the Mayor before the next regular meeting of the Fair Housing Commission.
   (B)   Original terms. The original appointees to said Commission shall serve staggered terms with the terms of three expiring January 1, 1982, the term of two expiring January 1, 1981, and two terms expiring January 1, 1980. The term of the Commissioners shall expire January 1. No member of the Commission may serve more than two successive terms.
   (C)   Chairperson. The Mayor shall appoint one member of the Commission to serve as the Chairperson for the period of one year. No person may serve as the Chairperson for more than two successive years. After January 1, 1981, no person may be appointed Chairperson until such person has served a year or more on the Commission.
   (D)   Counsel. The Attorney shall serve as counsel for the Fair Housing Commission and the Commission shall be empowered with permission of the City Council to employ legal and clerical personnel and pay for the transcripts of testimony in connection with hearings conducted by the Commission.
   (E)   Powers and duties. The Fair Housing Commission shall have the following powers and duties.
      (1)   Rules and regulations. The Commission shall adopt the rules and regulations for its own procedures not inconsistent with the provisions of this subchapter or any other ordinance of the city. These rules shall provide for notification of Commission members by the Chairperson in advance of meetings.
      (2)   Meetings, quorum. Meetings of the Commission shall be held at least once every four months, at the call of the Chairperson and at such other times as the Commission may determine. A quorum of four or more members shall be necessary before the Commission may transact business.
      (3)   Complaints. Any person aggrieved by an unfair housing practice may file with the Commission a statement of complaint upon form prescribed by the Commission and sworn to under oath by the person aggrieved. Such statement of complaint shall state the name of the person who is alleged to have committed the unfair housing practice, the address of the housing accommodation concerning which the alleged unfair housing practices have been committed and a brief statement of the facts giving right to the statement of complaint.
      (4)   Investigation and review. The Commission shall investigate and review, as soon as possible, each statement of complaint to determine whether there are reasonable grounds for believing that an unfair practice has been committed.
      (5)   Issuance of complaint by Commission. If 51% or more of the Commission members present at a Commission meeting having a quorum determines that such reasonable grounds exist, it shall issue its complaint against the person who is alleged to have committed the unfair housing practice. Such complaint need not be limited to matters contained in the aggrieved person’s statement of complaint, but such complaint issued by the Commission shall be limited to matters which are pertinent to offenses under this subchapter. Such complaint shall state the name of the respondent, his or her address, the name of the person aggrieved, the address of the housing accommodation concerning which the alleged unfair housing practice has been committed, a statement that the Commission has reasonable grounds to believe that the respondent has committed an unfair housing practice and a brief statement of the facts upon which the Commission bases such belief.
      (6)   Service of complaint(s). The Commission shall cause a copy of the complaint or complaints to be served upon the respondent by certified or registered mail, or by personal service, stating the time and place of hearing on a complaint or complaints.
      (7)   Attempt to eliminate unfair practice.
         (a)   The Commission shall attempt, by means of education, conference, conciliation, mediation, negotiation and persuasion, to eliminate any unfair housing practice which is the subject of a statement of complaint filed with the Commission.
         (b)   The Commission is specifically authorized and encouraged to engage in informal discussions with the respondent, or the respondent’s representative, for the purposes of reaching an agreement to the effect that any violation of this act will not be continued or repeated. Upon arriving at such an agreement satisfactory to the Commission, further proceedings shall be terminated as long as the termination agreement is not violated. The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a conciliation agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. The Chairperson of the Commission shall sign such agreement on behalf of the Commission. It shall be an unfair housing practice to violate or fail to adhere to any provision contained in a conciliation agreement.
      (8)   Hearings. The Commission may hold hearings, call witnesses, administer oaths, take testimony, and request the production of examination of any books, papers, documents or records relating to any proceeding before the Commission. However, these powers will not be invoked in informal discussions as described in division (E)(7) above. Nothing in this subchapter shall be construed to permit searches without permission of the owner of a house, apartment or other housing accommodation for the administration of this division.
      (9)   Probative evidence. The Commission, at any hearing, shall admit and give probative evidence which would commonly be accepted by a reasonably prudent person in the conduct of his or her affairs as having probative value.
      (10)   Record of evidence. The Commission shall make a record of evidence admitted at the hearing, including a verbatim transcript if requested by the person aggrieved, the respondent or Commission; provided, that the Commission may require that the cost of any such transcript or of the reproduction thereof shall be borne by the party requesting such transcript or reproduction.
      (11)   Findings. The Commission shall, as soon as possible, make findings and determine whether or not an unfair housing practice has been committed.
      (12)   Order directed to respondent. If 51% or more of the Commission members present at a Commission meeting having a quorum find that an unfair housing practice has been committed, it shall issue an order directed to the respondent setting forth the findings of the Commission and directing the respondent to cease the practices set forth in the order. Failure to comply with said order shall constitute a violation of this subchapter punishable under § 32.99 of this chapter.
      (13)   Order dismissing complaint. If the Commission finds that the respondent has not engaged in an unfair housing practice, the Commission shall issue an order dismissing the complaint.
      (14)   Service of order. The Commission shall serve its order on the person aggrieved and the respondent in accordance with the procedure set forth in division (E)(6) above.
      (15)   Power to summons. The Fair Housing Commission shall have the right to summon persons making accusations and persons accused of unfair housing practices and other persons as witnesses. Any peace officer of the city must serve a summons at the request of the Commission. Any person who willfully refuses to obey a summons to appear before the Fair Housing Commission shall be guilty of a misdemeanor and subject to penalty as provided in § 32.99 of this chapter.
      (16)   Research and study. The Commission may conduct research on and study unfair housing practices in order to develop more effective methods for eliminating unfair housing practices, and may publish or cause to be published the results of such research and study when in the judgment of the Commission such publications will aid in the elimination of unfair housing practices. However, the Fair Housing Commission shall not expend city funds for research or call in an outside consultant for this research without the approval of the City Council.
      (17)   Federal and state law. The Commission shall keep abreast of federal and state law affecting open housing and make recommendations to the Mayor and City Council of changes in the fair housing ordinances necessary to keep the ordinances in conformity with federal and state law. The Commission shall render to the Mayor at least once per year a written report of the activities of the Commission since the last report of the Commission. The Fair Housing Commission is authorized to accept federal, state, or other assistance in formulating or carrying out programs to prevent or eliminate discriminatory housing practices, and to cooperate with federal, state and local agencies in carrying out such programs.
   (F)   Time limitation. No statement of complaint may be filed with the Commission more than six months after the alleged unfair housing practice has been committed; provided, that in the event of a continuing violation of alleged unfair housing practice, such period shall not commence until after the last day upon which the alleged unfair housing practice has been committed.
(Prior Code, § 2-3-5) (Ord. 74-426, passed 8-21-1974)
§ 32.25 REMEDIES FOR PERSONS ACCUSED OF UNFAIR HOUSING PRACTICES.
   It is the intent of this subchapter to protect persons unfairly accused of discrimination as well as persons who may be discriminated against in the matter of unfair housing practices. Any person aggrieved by an act prohibited or alleged to be prohibited by this chapter is given the right to file with the Commission a statement of complaint. If such person does not file a complaint and continues to make public his or her complaint in speech, writing or demonstration, the person or group accused of discrimination in matters pertaining to this subchapter shall have the right to bring this accusation to the attention of the Fair Housing Commission. The Fair Housing Commission shall hear the views of the person or group accused of discrimination and the person making the accusation, shall investigate the accusation, and shall render an opinion as soon as possible as to whether the accusation was true or false. The Fair Housing Commission may request the person making the accusation and the person or group accused of discrimination to refrain from airing their controversy to the public during the period of investigation of the complaint by the Fair Housing Commission. The records of the Fair Housing Commission shall be open to any court in libel or other proceedings resulting from an unfair accusation made under this subchapter.
(Prior Code, § 2-3-6) (Ord. 74-426, passed 8-21-1974)
§ 32.26 JUDICIAL REVIEW.
   (A)   Any person against whom an order is issued or directed by the Commission shall have a right to seek review of the Commission’s order by trial de nova, in the county’s Magistrate Court.
   (B)   Where any person or owner refuses to comply with an order issued by the Commission within ten days following the effective day of the order, then and in that event the Commission shall submit and file a written report of the complaint or complaints, and the proceedings had thereon with the City Prosecutor as a basis for the issuance of a criminal complaint against such person or owner and the prosecution thereunder in the same manner as violations of other criminal ordinances are prosecuted. The person aggrieved shall make, sign, and swear to the complaint before the City Prosecutor.
   (C)   Continuance of an alleged unfair housing practice on any day or days during the pendency of a hearing before the county’s Magistrate Court during a subsequent appeal to a higher court shall not constitute an offense for the purpose of this subchapter.
   (D)   In the event that the Commission finds that a violation of this subchapter will result from a pending or threatened sale or transfer which violates this subchapter as contemplated herein, said Commission, by and through the Attorney, shall have the right to apply to the District Court of the State to enjoin such pending or threatened transfer or sale. Such action shall be predicated upon:
      (1)   Finding by the Commission that the person aggrieved will be irreparably injured unless the court issues such order; and
      (2)   That said person aggrieved has no adequate remedy at law.
(Prior Code, § 2-3-7) (Ord. 74-426, passed 8-21-1974)
POLICE DEPARTMENT
§ 32.40 DEPARTMENT CREATED; QUALIFICATIONS; APPOINTMENTS.
   There is hereby created a Police Department of the city, and members thereof shall be citizens of the United States and shall be over the age of 21 years. The Department shall consist of a Chief of Police, appointed by the Mayor with the consent of the City Council, and such number of police as may be from time to time authorized by the Mayor and City Council and appointed with their consent, and such reserve officers as may from time to time be appointed by the Chief as exigencies arise.
(Prior Code, § 5-1-1) (Ord. 15-809, passed 10-7-2015)
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