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Ord 1976-016
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Ord 1976-016
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8/22/2008 4:11:27 PM
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8/22/2008 4:11:27 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1976-16
Date
4/26/1976
Volume Book
46
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<br />24-d <br /> <br />to accept the complaint for the purpose of conducting an investigation. Complaints <br />shall state the facts upon which the allegations of a discriminatory housing <br />practice are based. Complaints may be reasonably and fairly amended at any time. <br />A respondant may file an answer to the complaint, and with the leave of the Fair <br />Housing Officer may amend said answer from time to time. Both complaints and <br />answers shall be signed and notarized. <br /> <br />SECTION 32-11. Investi~ation. <br /> <br />I <br /> <br />(A) Upon the filing of a complaint as herein provided, the Fair Housing <br />Officer shall cause to be made a prompt investigation of the matter stated in the <br />complaint. <br /> <br />(B) In connection with such investigation, the Fair Housing Officer may <br />question and take and record testimony and statements of such persons who appear; <br />and may examine, record, and copy documents which ~e produced. <br /> <br />(C) During or after the investigation, the Fair Housing Officer shall" if <br />it appears that a discriminatory housing practice has occurred, or is about to <br />occur, attempt to effect voluntary discontinuance or rectification of the discrim- <br />inatory housing practice, and assurance of future voluntary compliance with the <br />provisions of this Ordinance. <br /> <br />SECTION 32-12. Public Hearing. <br /> <br />(A) Upon completion of the investigation by the Fair Housing Officer, and if <br />conciliation has not been effected, the Fair Housing Officer shall refer the com- <br />plaint to the Fair Housing Commission together with the answer of the respondent, <br />if any, and a full report of the Fair Housing Officer's investigation and ac:tivities. <br /> <br />I <br /> <br />(B) A public hearing date shall be set by the Commission within thirty (30) <br />days of the date that the Commission receives the complaint. Public notice of <br />said public hearing shall be posted in a conspicuous place at City Hall, in a manner <br />designed to comply with the requirements of the Open Meetings Act of the State of <br />Texas. Wri tten notice of the public hearing shall be mailed to the person or persons, <br />aggrieved and the person or persons alleged to have committed or are about to commit <br />the alleged discriminatory housing practice by certified mail, return receipt <br />requested, at least fifteen (15) days prior to the public hearing. <br /> <br />(C) The public hearing shall be open to the public and conducted in a fair, <br />impartial, and orderly manner. A record of the proceedings shall be kept when <br />requested by either party to the hearing. All costs incurred for the development <br />of the record of the proceedings shall be borne by the City. Such record of the <br />proceedings shall be available to the public for inspection at reasonable times at <br />City Hall. Both parties shall personally appear or be represented by legal counsel <br />or other representatives and all those designated by the parties to the public <br />hearing shall have the right to present evidence and cross-examine witnesses in all <br />matters relating to the alleged discriminatory housing practices. Failure .of <br />either party to appear at the public hearing after notice as herein provide,i, shall <br />be deemed a uaiver by such party to a hearing before the Commission. If, after <br />the public hearing, a majority of the Commission determines on the basis of the <br />evidence presented at the public hearing that the complaint is well-founded, the <br />Commission shall forthwith make every effort and attempt to secure within a reasonabl <br />time, not to exceed thirty (30) days, voluntary discontinuance of any discriminatory <br />housing practice. <br /> <br />I <br /> <br />(D) If, in the Opln10n of a majority of the Commission, the facts of the <br />alleged discriminatory housing practice are such that it is reasonable to believe <br />that irreparable injury to the complaining party will occur, if..an immediate hearing <br />is not held, the Commission may dispense with the rules hereinbefore provided. In <br />dispensing with such rules, the Commission shall provide for the posting and notice <br />of such public hearing in such a manner as to adequately protect the rights of all <br />parties. <br /> <br />SECTION 32-13. Certification of Violation. <br /> <br />If the Commission determines that a discriminatory housing practice has <br />occurred and if a public hearing before the Commission on the complaint alleging <br />such violation has been waived, or if the Commission has held a public hearing and <br />
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