§ 22-83. Hearing.

(a)

If the fair housing 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 said respondent of the alleged violation of the provisions of this chapter, and requesting that said respondent answer charges of said complaint at a hearing before the fair housing council.

(b)

The fair housing 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 said 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 article has been committed, which hearings shall be held at a certain time and place which shall be specified in said notice. The notice shall advise the respondent that upon failure to comply with the notice, said respondent shall be considered to be in violation of the provisions of this chapter.

(d)

The following provisions shall govern the hearing before the fair housing council:

(1)

At such hearing, the complaint shall be heard by the fair housing council. At the hearing, the respondent 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 said person, may also appear in person or by counsel at said hearing. The fair housing 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 city.

(2)

The fair housing 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. The fair housing council may at such time permit amendments to any written complaint or answer as filed with the fair housing council and all testimony taken at the hearing shall be under oath. Either party represented at said hearing shall have the right to request that the testimony be transcribed, or said testimony shall be transcribed at the direction of the fair housing council.

(3)

If the fair housing council finds at any such hearing, that the respondent has engaged in discriminatory practices as prohibited by this chapter, it shall state its findings of fact in written report form and forward said report to the city attorney for appropriate actions. All prosecutions for violations of provisions of this chapter shall be brought by the city attorney in accordance with the provisions contained in chapter 31 and other sections of this Code pertaining to municipal court prosecutions.

(4)

If the fair housing council, upon hearing, finds that respondent has not engaged in any discriminatory practices as prohibited herein, it shall so state its findings in written report form, and further shall issue and file an order dismissing the complaint.

(e)

The fair housing 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.

(Code 1966, § 4-68; Code 1982, § 11-37; Ord. No. 1646, § 1, 1-10-1977)