721.05 PROCEDURES AND ENFORCEMENT.

   (a)   Any person subjected to an unlawful housing practice may file within 180 days of the alleged violation with the City in writing, sworn to or affirmed, which shall state the name and address of the person alleged to have committed the violation complained of and the particulars thereof, and such other information as may be required by the City. The City may also corroborate or initiate compliance on the basis of testing carried out by its staff or volunteers authorized by the City.

   (b)   The City is authorized to seek the cooperation and aid of the Ohio Real Estate Board or Ohio Civil Rights Commission in any investigation under this chapter.

   (c)   If at the conclusion of the hearing the City shall determine upon the preponderance of the evidence that the person complained against has violated this chapter, the City shall, after consultation with the Prosecutor in executive session, state its findings to and cause the Prosecutor to prepare and issue an order under City directive requiring the person complained against to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purposes of this chapter, complained against has not after 15 calender days following service of the City order complied with the order, the City will recertify the matter to the Prosecutor for enforcement.

   (d)   Upon recertification to the Prosecutor for enforcement, he shall seek compliance by appropriate civil action brought in the name of the City of Upper Sandusky before a court of competent jurisdiction. In any such proceeding, where the court determines that there has been a violation of this chapter, the court shall award compensatory damages and, where appropriate, punitive damages, along with attorney fees. The court may also order such other relief as it deems necessary or appropriate.

   (e)   If, at the conclusion of the hearing, the City shall determine upon the preponderance of the evidence on the record that the person complied against has not violated this chapter, the City shall state and publish its findings and issue its order dismissing the complaint.
(Res. 141-9. Passed 9-19-94.)