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(a) Nothing in this chapter shall require an owner to offer property to the public at large before selling, renting or leasing it, nor shall this chapter be deemed to prohibit owners from giving preference to prospective tenants, lessees or buyers for any reason other than race, color, religion, ancestry, handicap, familial status, national origin or sex.
(b) This chapter shall not apply to the rental of any rooms or units in dwellings containing living quarters occupied or intended to be occupied by four families or less, living independently of each other, if the owner actually maintains and occupies one of such living quarters as his principal residence.
(c) Nothing in this chapter shall require an owner to offer property for sale, lease or rental to any person if the owner has any reason to believe that such person is not negotiating for the purchase, rental or lease of such property in good faith.
(Ord. A-1869. Passed 10-26-92.)
(a) Complaint Procedures. Any person aggrieved by an unlawful practice as prohibited in Section 515.03 may file a complaint with the City Manager within thirty days of the occurrence of the alleged unlawful practice. All such complaints shall be filed in writing, sworn to or affirmed, and shall state:
(1) The name, address and phone number of the person aggrieved;
(2) The name and address of the person against whom the complaint is filed;
(3) A description and the address of the dwelling, which is involved in the alleged discriminatory housing practices;
(4) A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice; and
(5) Such other information as may be required by the City Manager.
(b) Investigation Procedures. Upon receipt of a complaint, the City Manager or his designated representative shall within fifteen business days, make such investigations as deemed appropriate to ascertain facts and information concerning the alleged discriminatory housing practices. The City Manager or his designated representative shall conclude the investigation in a written report of findings. Such findings shall indicate either:
(1) That there are reasonable grounds to believe that a violation of Section 515.03 has occurred, hereinafter referred to as a probable cause finding; or
(2) That there are not reasonable grounds to believe that a violation of Section 515.03 has occurred, hereinafter referred to as a non-probable cause of finding.
(c) Probable Cause Finding Procedures.
(1) In the event of a probable cause finding, the City Manager or his designated representative shall provide written notification to all parties involved of such findings by certified mail or have such findings served in a similar manner as a summons in a civil case.
(2) After a thirty-day period has expired from a notification of a probable cause finding, the City Manager or his designated representative shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences should be informal and nothing said or done during such initial conferences shall be made public by the City Manager, his designated representative, or any party in attendance, unless all parties agree thereto in writing. In the event of conciliation, the terms agreed to by the parties shall be in writing and incorporated into a consent agreement to be signed by all parties involved.
(3) In the event of a probable cause finding and a failure to conciliate the matter, the City Manager or his designated representative, shall refer the entire matter and all supporting written material to an appropriate state or federal agency.
(d) Nonprobable Cause Finding Procedures.
(1) In the event of a nonprobable cause finding, the City Manager or his designated representative shall inform the complainant of such finding by certified mail or have such findings served in a similar manner as a summons in a civil case. Upon receipt of such notification of nonprobable cause finding, the complainant shall have thirty days in which to appeal such finding to the City Commission on Fair Housing, or the complaint shall be automatically dismissed.
(e) Appeals Procedures.
(1) Any person aggrieved by a finding of probable or nonprobable cause may appeal the finding of the City Manager or his designated representative, by filing a written request for a hearing by the City Commission on Fair Housing. Such an appeal request must be received by the City Clerk of Council within thirty days of the finding notification and shall be directed to the attention of such Clerk of Council.
(2) Upon receipt of an appeal request, the Clerk of Council shall schedule such matter on the next regularly scheduled Council meeting agenda. Within thirty days of the Council meeting, at which Council is informed of the appeal request, Council shall institute proceedings to establish a City Commission on Fair Housing and schedule a review hearing for such appeal request.
(Ord. A-1474. Passed 11-28-83.)
(a) The City Commission on Fair Housing shall be composed of three citizens of the City, appointed on an as needed basis, by the Mayor, subject to Council approval.
(b) Of the three members appointed, the Mayor shall also designate a Chairman to conduct the meeting(s) of the Commission.
(c) Appointment to the Commission shall be only for the case or cases so designated in the Mayor's announcement of such appointment.
(d) Members appointed to the Commission shall serve without compensation for their time and service, but may be reimbursed for reasonable expenses in the performance of their duties, as provided by Council.
(e) Duties of the Commission include:
(1) Conduct hearings to review appeals to the findings of the City Manager or his designated representative, in conjunction with the other sections of this chapter;
(2) Make determinations on appeal cases to either concur with the findings or to reverse such finding and then to take appropriate measures to refer such complaints to the City Manager (for conciliation, if appropriate, and/or referral to appropriate state or federal agencies), or to dismiss such complaints;
(3) All such hearings of the Commission shall be open to the public, with ample legal notice and all determinations including referrals and dismissals shall be in writing, and shall also include the Commission's reasons for such determinations.
(Ord. A-1474. Passed 11-28-83.)
(Ord. A-1474. Passed 11-28-83.)
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