(A) If the Council is unsuccessful by means of conference or conciliation in securing compliance with this section by any person, firm, corporation or association against which a complaint has been filed, then a notice in writing shall be served upon the person complained against (hereinafter referred to as the “respondent.” Notifying the respondent of the alleged violation of the provisions of this chapter and requesting that the respondent answer charges of the complaint at a hearing before the Council.
(B) The Council shall give notice of any such hearing at least ten days before the date and time which such hearing has been set. Any and all notices required under the provisions of this chapter may be served personally on any person complained against, or by mailing a copy thereof by certified registered mail, with return receipt requested, to the most current business or residential address of the person.
(C) The notice shall contain the request for the respondent to appear at a hearing for the purposes of determining whether or not a violation of this chapter has been committed, which hearing shall be held at a certain time and place which shall be specified in the notice. The notice shall advise the respondent that upon failure to comply with the notice, the respondent shall be considered to be in violation of the provisions of this chapter.
(D) As to hearings by Council:
(1) As any such hearing, as provided for above, the complaint shall be heard by the Council. At the hearing, the respondent, person, firm, corporation or association shall appear either in person, or by counsel and shall be required to file a written answer to the complaint. The complainant or person aggrieved by the actions of the person, firm, corporation or association may also appear in person or by counsel at the hearing. The Council will then proceed to hold a hearing to determine whether the respondent has committed an act in violation of the provisions of this chapter and which act is detrimental to the health, benefit and welfare of the public, the community, and the citizens of the town;
(2) The Council, when conducting any hearing, shall permit both the person aggrieved and the respondent to introduce any such witnesses, evidence, testimony or exhibits as either party deems necessary and prudent. Further the Council may at such time permit amendments to any written complaint or answer as filed with the Council and all testimony taken at the hearing shall be under oath. Either party represented at the hearing shall have the right to request that the testimony be transcribed, or the testimony shall be transcribed at the direction of the Council:
(a) If the Council finds at any such hearing, that the respondent has engaged in discriminatory practices as prohibited by this chapter, it shall state its finding of fact in written report form and forward the report to the Town Attorney for appropriate action; or
(b) If the Council, upon hearing, finds that respondent has not engaged in any discriminatory practices as prohibited herein, it shall so state its findings in written form, and further shall issue and file an order dismissing the complaint.
(E) The Council shall have the authority and right to promulgate such rules and regulations and shall govern, expedite and assist the foregoing procedures as it deems necessary. It shall further maintain all files as provided for herein.
(Prior Code, § 5-707)