(A) Any person who claims to have been injured by a discriminatory housing practice, or who believes that they will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “aggrieved person”), may file a complaint with Board of County Commissioners. Complaints shall be in writing and shall contain such information, and be in such form, as the Board of County Commissioners official requires. Upon receipt of such a complaint, the Board of County Commissioners official shall furnish a copy of the same to the person or persons, who have committed, or are about to commit, the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period reference under division (C) below, the Board of County Commissioners shall investigate the complaint and give notice in writing to the aggrieved person whether they intend to resolve it. If Board of County Commissioners decides to resolve the complaints, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such informal endeavors may be made public, or used as evidence in a subsequent proceeding under this chapter, without the written consent of the persons concerned. Any employee of the Board of County Commissioners who shall make public any information in violation of this provision shall be deemed guilty of a petty misdemeanor, and upon conviction thereof, shall be fined not more than $300 or imprisoned not more than 90 days in jail.
(B) A complaint under division (A) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file and answer to the complaint against him and, with the leave of the Board of County Commissioners, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(C) If within 30 days after a complaint is filed with the Board of County Commissioners, he or she has been unable to obtain voluntary compliance with this chapter, the aggrieved person may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Board of County Commissioners official will assist in this filing.
(D) If the Board of County Commissioners has been unable to obtain voluntary compliance within 30 days of the complaint, the aggrieved person may, within 30 days thereafter, commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as such rights relate to the subject of the complaint. If it finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
(E) In any proceeding brought pursuant to this section, the burden of proof shall be on the complaint.
(F) Whenever an action filed by an individual comes to trial, the Board of County Commissioners shall immediately terminate all efforts to obtain voluntary compliance.
(Ord. 2009-04, passed 12-21-2009)