Ord 1998-082 - Laserfiche WebLink

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(b) In addition to the information reQuired in the notice to a respondent under section 46.052, the fair housina officer shall include in the notice an explanation of the basis for the determination that the person is properly joined as a respondent. Sec. 46.053 46.056. Public Administrative hearing. (a) Upon completion of the investigation by the fair housing officer as provided in section 46.052 and if conciliation has not been successful effected, the fair housing officer shall refer the complaint and the answer, if any, to the commission, together with the answer of the respondent, if any, and a full report of the fair housing officer's investigation and activities. (b) An administrative public hearing date shall be conducted set by the commission within 30 days of the date tRat: the fair housina officer refers a complaint to the commission receives the complaint. Public n Notice of the public hearing shall be posted in compliance with state law in a conspicuous place at city hall, in a manner designed to comply 'Nith the requirements of the state Open Meetings Act. Written notice of the public hearing shall be mailed to the complainant person aggrieved and to the respondent the person alleged to ha'ie committed or is about to commit the alleged discriminatory housing practice, by certified mail, return receipt requested, at least 15 days prior to the public hearing. (c). The public hearing shall be open to the public and conducted in a fair, impartial and orderly manner. A record of the proceedings shall be kept vihen requested by either party to the hearing. All costs incurred for the development of the record of the proceedings shall be borne by the City. The record of the proceedings shall be open available to the public for inspection. at reasonable times at City Iiali. Both parties shall personally appear or be represented by legal counselor other representatives, and the fair housina officer and all those designated by the parties to the public hearing shall have the right to present evidence and cross examine witnesses in all matters relating to the complaint alleged discriminator)' housing practices. Failure of either party to appear at the public hearing, after notice as provided in this section, shall be deemed a waiver by the party of the right to present evidence to a hearing before the commission. If, after the public hearing, a majority of the commission determines on the basis of the eriidence presented at the public hearing that the complaint is \.".ell founded justified, the commission shall issue to the respondent a written request for forthvtith make e'/et). effort and attempt to secure iiithin a reasonable time, not to exceed 30 days, voluntary discontinuance of the any discriminatory housing practice within a reasonable time. The time period set by the commission will not exceed 30 days. (d) If in the opinion of a majority of the commission fair housina officer determines , the facts of the alleged discriminatory housing practice make it appear reasonable to believe that irreparable, injury to the complainanting party .will may occur if an immediate hearing is not held, the fair housing officer may provide notice of the hearina to the parties in a method and usina a notice perioq other than those prescriþed in subsection (a) commission may dispense 'with the rules pfO'1fided in this section. In dispensing 'tvith these rules, the Commission shall provide for the posting and notice of the public hearing in a manner to adequately protect the rights of all parties. In doina so, the fair housina officer ~ proviqe notice in a manner reasona~ated to notify the parties of the hearina. (e) If the commission determines that a complaint involves the legality of a city zonina or other land use ordinance. the commission shall immediately refer the matter to the city attorney for appropriate action. (f) If the commission determines that no reasonable cause exists to believe that a discriminatory housina practice occurred or is about to occur as alleaed in a complaint. the commission shall promptly dismiss the complaint. 6