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2019-774 FILE ORDINANCE NO. 2019-774 An ordinance repealing and recreating the Fair Housing Code with penalties for violations thereof as set forth in JGO 16.04.050 C. 5 & 6 and 16.04.120 THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 16.04. of the Code of General Ordinances of the City of Janesville is hereby repealed and recreated to read as follows: "Chapter 16.04 - FAIR HOUSING CODE 16.04.010 - Intent—Declaration of policy. A. It is the express policy and intent of the City of Janesville ("City") to protect its residents from discrimination in housing and to render discrimination in housing unlawful. It is the declared policy of the City that all persons shall have an equal opportunity for housing regardless of race, color, sex, national origin, religion, disability/handicap, family/familial status, age, ancestry, marital status, lawful source of income, sexual orientation; status as a victim of domestic abuse, sexual assault, or stalking; or gender identity and/or gender expression. B. It is the intent of the City to hereby create an administrative process to enforce equal opportunity in housing for all residents of Janesville. C. Furthermore, it is the intent of the City and this chapter to render discrimination in housing unlawful, and to assist in the orderly prevention and removal of all discrimination in housing through the powers granted under current Wisconsin law, including, but not limited to, Wis. Stats., §§ 66.1011 and 101.132, and such other applicable statutes as may, from time to time, amend, supersede, supplant or in any way modify, change, or add to these statutory provisions. 16.04.020 - Title—Fair Housing Code. This chapter shall be known and may be referred to as the "Fair Housing Code" and/or as the "Fair Housing Code of the City of Janesville." 16.04.030 - Definitions. In this chapter, unless the context requires otherwise: Advertise means to publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign in connection with the sale, financing, or rental of housing. Age, in reference to a member of a protected class, means at least 18 years of age. Complainant means any person who files a complaint alleging discrimination in housing under this chapter. Complaint means the written allegation of one or more violations of any provision of this chapter, naming the alleged violator(s), filed with the Fair Housing Officer, and otherwise completed and filed in accord with the time limit and other provisions set forth in this chapter. Disability means an actual or perceived physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. Disability does not include the current illegal use of a controlled substance, as defined in Wis. Stat. §961.01 (4), or a controlled substance analog, as defined in Wis. Stat. §961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program. Discriminate, discrimination, and discriminating mean to segregate, separate, exclude, or treat, to any degree, any person or class of persons unequally, unless expressly exempted by this chapter, because of race, color, sex, national origin, religion, disability/handicap, family/familial status, age, ancestry, marital status, lawful source of income, sexual orientation; status as a victim of domestic abuse, sexual assault, or stalking; or gender identity and/or gender expression. Discriminate, discrimination, and discriminating against the handicapped includes a refusal to permit, at the expense of a handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; and a refusal to make reasonable accommodations in rules, policies, practices, or services when such an accommodation may be necessary to afford such person equal opportunity to use and enjoy a residential, rental dwelling. Emotional support animal means an animal that provides emotional support, well- being, comfort, or companionship for an individual but that is not trained to perform specific tasks directly related to the disability for the benefit of an individual with a disability. Fair Housing Officer means the person, appointed from time to time by and serving for an indeterminate period at the pleasure of the City Manager, with whom a complaint is filed, and who administers the complaint review and determination process. Familial status means one or more individuals (who have not attained the age of 18 years) and who are domiciled with: (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. Family status means any of the following conditions that apply to a person seeking to rent or purchase housing or to a member or prospective member of the person's household regardless of the person's marital status: 1. A person is pregnant. 2. A person is in the process of securing sole or joint legal custody, periods of physical placement, or visitation rights of a minor child. 3. A person's household includes one or more minor or adult relatives. 4. A person's household includes one or more adults or minor children in his or her legal custody or physical placement, or with whom he or she has visitation rights. 5. A person's household includes one or more adults or minor children placed in his or her care under a court order, under a guardianship, or with the written permission of a parent or other person having legal custody of the adult or minor child. Gender identity and/or gender expression means a person's gender related self- identity, appearance, expression, or behavior, regardless of the person's assigned sex at birth. Handicap and handicapped mean a physical or mental impairment or the perception of a physical or mental impairment which substantially limits one or more of the person's major life activities, or a record of having such an impairment, or being regarded of having such an impairment; but such terms do not include current, illegal use of, or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as from time to time amended). Hearing means a formal and/or informal hearing or other fact finding gathering, meeting, procedure, and/or process under the jurisdiction and direction of an appointed Hearing Examiner. Hearing Examiner means the person(s) appointed by the Fair Housing Officer to render a determination of probable cause in each complaint alleging housing discrimination or a violation of any other provision of this chapter. Housing means any improved property, or any portion thereof, including a mobile home, manufactured home, or condominium, that is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence. Housing includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. Housing for older persons means any of the following: 1. Housing provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program. 2. Housing solely intended for, and solely occupied by, persons 62 years of age or older. 3. Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit. Mediator means one or more persons, appointed from time to time by and serving for an indeterminate period at the pleasure of the Fair Housing Officer, who shall, in addition to such other duties and responsibilities as provided by law, attempt to resolve, through, but not limited to, conference, mediation, conciliation, and/or persuasion, each complaint in a manner mutually agreeable to the complainant and respondent and in a written and enforceable form acceptable to the City Attorney, signed by the complainant, respondent, and Mediator, and filed with the Fair Housing Officer. Person means each and every individual, partnership, labor or other association, organization of whatsoever kind or nature, corporation, legal representative, receiver, trustee in bankruptcy, or other fiduciary, or the lessee, proprietor, manager, employee ,or any other agent of any such person. Probable cause means the determination that there are reasonable grounds to believe that one or more persons has, may have, or may be violating one or more provisions of this chapter. Respondent means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing. Settlement agreement means the written resolution of the complaint and alleged violation(s), enforceable at law and equity and otherwise pursuant to this chapter, in a form acceptable to the City Attorney, signed by the complainant and respondent, filed with the Fair Housing Officer, and in some manner eliminating the alleged discrimination and/or other violation of any provision of this chapter, and/or providing compensation to victims of unlawful discrimination. Sexual orientation means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of such a preference, or being identified with such a preference. Single occupancy room means each and every room in a structure of five such rooms or less which the owner has leased or rented, or in any way offered for lease or rent, to a sole individuals, provided the owner permanently resides in the same structure. Status as a victim of domestic abuse, sexual assault, or stalking means the status of a person who is seeking to rent or purchase housing, or of a member or prospective member of the person's household having been, or being believed by the lessor or seller of housing to be, a victim of domestic abuse, as defined in Wis. Stat. §. 813.12(1)(am), sexual assault under Wis. Stat. §. 940.225, 948.02, or 948.025, or stalking under Wis. Stat. § 940.32. 16.04.040 - Discrimination—Prohibited. A. It is unlawful for any person to discriminate: 1. By refusing to sell, lease, finance, or contract to construct housing, or by refusing to discuss the terms thereof; 2. By refusing to permit inspection, or exacting different or more stringent price, terms or conditions, for the sale, lease, financing, or rental of housing; 3. By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot; 4. By advertising in a manner that indicates discrimination by a preference or limitation; 5. For a person in the business of insuring against hazards, by refusing to enter into, or by exacting different terms, conditions, or privileges with respect to a contract of insurance against hazards to a dwelling; 6. By refusing to renew a lease, causing the eviction of a tenant, from a rental housing, or engaging in the harassment of a tenant; 7. In providing the privileges, services, or facilities that are available in connection with housing 8. By falsely representing that housing is unavailable for inspection, rental, or sale; 9. By denying access to, or membership or participation in, a multiple listing service or other real estate service; 10.By coercing, intimidating, threatening, or interfering with a person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, a right granted or protected under this chapter, or with a person who has aided or encouraged another person in the exercise or enjoyment of a right granted or protected under this chapter; 11.In making available any of the following transactions, or in the terms or conditions of such transactions, for a person whose business includes engaging in residential real estate-related transactions: a. The making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining housing, or the making or purchasing of loans, or the provisions of other financial assistance, secured by residential real estate. b. Selling, brokering, or appraising residential real property. 12.By otherwise making unavailable or denying housing. B. Representations designed to induce panic sales. No person may induce or attempt to induce a person to sell or rent housing by representations regarding the present or prospective entry into the neighborhood of a person of a particular economic status or a member of a protected class, or by representations to the effect that such present or prospective entry will or may result in any of the following: 1. The lowering of real estate values in the area concerned; 2. A deterioration in the character of the area concerned; 3. An increase in criminal and antisocial behavior in the area concerned; or 4. A decline in the quality of the schools or other public facilities serving the area. C. No person may coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of any right granted or protected by this chapter, or with any person who has aided or encouraged another person in the exercise or enjoyment of any right granted or protected by this chapter. 16.04.050 Discrimination against persons with disabilities prohibited. A. Types of discrimination prohibited. In addition to discrimination prohibited under section 16.04.040, no person may do any of the following: 1. Segregate, separate, exclude, or treat unequally in the sale or rental of, or otherwise make unavailable or deny, housing to a buyer or renter because of a disability of that buyer or renter, a disability of a person residing in or intending to reside in that housing after it is sold, rented, or made available, or a disability of a person associated with that buyer or renter. 2. Segregate, separate, exclude, or treat unequally a person in the terms, conditions, or privileges of sale or rental of housing, or in the provision of services or facilities in connection with such housing, because of a disability of that person, a disability of a person residing in or intending to reside in that housing after it is sold, rented, or made available, or a disability of a person associated with that person. 3. Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing that is occupied, or is to be occupied, by such a person if the modifications may be necessary to afford the person full enjoyment of the housing, except that in the case of rental housing, the landlord may, where it is reasonable to do so, condition permission for a modification on the tenant's agreement to restore the interior of the housing to the condition that existed before the modification, other than reasonable wear and tear. The landlord may not increase any customarily required security deposit. Where it is necessary to ensure that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of a restoration agreement, a requirement that the tenant pay into an interest- bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. If escrowed funds are not used by the landlord for restorations, they shall be returned to the tenant. • 4. Refuse to make reasonable accommodations in rules, policies, practices, or services that are associated with the housing, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy housing, unless the accommodation would impose an undue hardship on the owner of the housing. B. Animals that do work or perform tasks for individuals with disabilities. 1. If an individual has a disability and a disability-related need for an animal that is individually trained to do work or perform tasks for the individual, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal. 2. If an individual keeps or is seeking to keep an animal that is individually trained to do work or perform tasks in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the animal, unless the disability is readily apparent or known. If the disability is readily apparent or known but the disability-related need for the animal is not, the individual may be requested to submit reliable documentation of the disability-related need for the animal. 3. An individual with a disability who keeps an animal that is individually trained to do work or perform tasks in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal. 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies: a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide requested documentation. b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative. c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation. • d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation. C. Emotional support animals. 1. If an individual has a disability and a disability-related need for an emotional support animal, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal. 2. If an individual keeps or is seeking to keep an emotional support animal in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the emotional support animal from a licensed health professional. 3. An individual with a disability who keeps an emotional support animal in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal. 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies: a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide requested documentation. b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative. c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation. d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation. 5. An individual shall forfeit not less than $500 if he or she, for the purpose of obtaining housing, intentionally misrepresents that he or she has a disability or misrepresents the need for an emotional support animal to assist with his or her disability. • 6. A licensed health professional shall forfeit not less than $500 if he or she, for the purpose of allowing the patient to obtain housing, misrepresents that his or her patient has a disability or misrepresents his or her patient's need for an emotional support animal to assist with his or her patient's disability. 16.04.060 - Exemptions. A. Nothing in this chapter shall prohibit familial status discrimination or discrimination on the basis of age in relation to housing for older persons. Housing may qualify as housing for older persons only if the owner of the housing maintains records containing written verification that it meets the required factors in Wis. Stat. § 106.50 (5m)(a). B. Nothing in this chapter shall prohibit a person from exacting different or more stringent terms or conditions for financing based on the age of the individual applicant if the terms or conditions are reasonably related to the individual applicant. C. Nothing in this chapter shall prohibit the development of housing designed specifically for persons with a handicap nor discrimination on the basis of handicap in relation to such housing. D. Nothing in this chapter requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual that caused harm or damage, that directly threatened harm or damage, or that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the tenant's status as a victim of domestic abuse, sexual assault, or stalking. E. It is not discrimination based on status as a victim of domestic abuse, sexual assault, or stalking for a landlord to bring an action for eviction of a tenant based on a violation of the rental agreement or of a statute that entitles the landlord to possession of the premises, unless subd. 1. or 2. applies. A tenant has a defense to an action for eviction brought by a landlord if the tenant proves by a preponderance of the evidence that the landlord knew or should have known any of the following: 1. That the tenant is a victim of domestic abuse, sexual assault, or stalking and that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was not the invited guest of the tenant. 2. That the tenant is a victim of domestic abuse, sexual assault, or stalking, that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was the invited guest of the tenant, and that the tenant has done one of the following: a. Sought an injunction enjoining the person from appearing on the premises. b. Upon receiving notice under Wis Stat. § 704.17, provided a written statement to the landlord indicating that the person will no longer be an invited guest of the tenant and has not subsequently invited the person to be a guest of the tenant. F. Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. G. Nothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, structure, unit, or property. 16.04.065 - Retaliation or retaliatory discrimination prohibited. A. It shall be unlawful to retaliate or discriminate against any person on account of having inquired into or having claimed a violation of this article. 16.04.070 - Administration—Powers and duties. A. The purposes and provisions of this chapter shall be administered by the Fair Housing Officer, or his/her designee and enforcement and prosecutions handled by the City Attorney. B. In administering this chapter, the Fair Housing Officer shall have the power and duty to: 1. Adopt, amend, and modify any and all administrative policies and procedures as may, from time to time, be necessary, useful, helpful, or desirable in the administration and/or enforcement of this chapter. 2. Appoint such number and types of employees, agents, and other staff as may, from time to time, be necessary, useful, helpful, or desirable to promote the purpose of this chapter and/or the administration and/or enforcement of this chapter, and, from time to time, to prescribe their duties. 3. Receive and initiate complaints alleging violation of this chapter and to attempt to eliminate or remedy any violation. 4. Investigate complaints alleging any prohibited discrimination and/or such other violation(s) of any provision of this chapter and/or appoint one or more investigators to gather facts, evidence, and information, and otherwise investigate complaints. 5. Determine probable cause or appoint an independent hearing examiner to do so. Dismiss complaints without probable cause. Pursue resolution of complaints with probable cause. 6. Refer complaints to the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Housing and Urban Development (HUD) or the U.S. Department of Justice. 7. Seek settlement agreements and/ or appoint, one or more mediators who shall seek a settlement agreeable to both the complainant and the respondent by means of informal conferences or other meetings or means. 8. Refer settlement agreements to the City Attorney for approval as to form. 9. Refer non-settled complaints to the City Attorney for additional action. 10. Request that the City Attorney enforce settlement agreements or take other appropriate or desirable action. C. The Hearing Examiner may, in addition to all others conferred by law, have the power and duty to: 1. Review the complaint and all other evidentiary and investigatory material made available to him/her. 2. Interview the complainant and respondent, without limitation as to frequency or reasonable manner. 3. Conduct one or more formal and/or informal hearings which may be continued from time to time, and to subpoena the complainant(s), respondent(s), and any and all other persons to testify therein and to command the production and examination of any and all documents and other evidence directly and/or indirectly pertaining to the complaint and/or the alleged violation of any provision of this chapter; administer oaths, take and record and/or arrange for the recording of testimony; and apply to a court of competent jurisdiction to enforce any and all subpoenas and orders. 4. Within 120 days of being retained by the City and being assigned a discrimination case for determination, render and serve upon the respondent, complainant, and Fair Housing Officer, a written determination of whether probable cause exists to believe that one or more provisions of this chapter was, may be, or is being violated by one or more named persons and the facts supporting such determination. 5. Issue recommendations and/or other reports, from time to time, to the mediator, the Fair Housing Officer, and City Attorney, as are necessary, helpful, useful, or desirable to promote the purposes and intent of this chapter. 6. Refer to the City Attorney requests and recommendations to take necessary and/or desirable legal and/or equitable relief and/or appropriate or desirable action. D. In mediating disputes, the Mediator may, in addition to all others conferred by law, have the power and duty to: 1. Review the complaint and all other investigatory and evidentiary materials and facts pertaining to that complaint. 2. Compel attendance by the respondent and the complainant at up to three separate and/or joint mediation sessions each. 3. Persuade, mediate, conciliate, resolve, and/or settle the dispute, propose one or more settlements and/or settlement agreements, and prepare same for their signature. 4. File and serve signed settlement agreements as required by this chapter. 5. Declare an impasse in the mediation and refer those complaints for which a settlement agreement has not been reached to the City Attorney for review and prosecution. 6. Make such written and verbal recommendations and reports to the City Attorney, the Fair Housing Officer, or such others as may be necessary, useful, desirable, or appropriate to promote the purposes and intent of this chapter. E. In prosecuting and enforcing the provisions of this chapter, including but not limited to the settlement agreements and prosecution of any violation of any provision of this chapter by any person(s), the City Attorney shall be empowered, in addition to each and every other authorization, empowerment, and discretion otherwise conferred by law, with each and every power and authorization in law and equity specifically conferred by this chapter. 16.04.080 - Complaint procedure—filing. A. Complaint. Each and every complaint alleging any discriminatory practice prohibited by this chapter or violation of any other provision of this chapter shall be in writing, signed by the complainant(s), and filed by the complainant with the Fair Housing Officer no later than one year, exclusive of the date of the alleged discrimination or other alleged violation, after the complainant knew or should have known that the alleged discrimination or other violation occurred. The City shall have no jurisdiction or other authority to act upon any complaint not filed within one year. The complaint shall contain the following: 1. The complete name, address, and contact information of the complainant(s). It is the duty of the complainant to notify the Fair Housing Officer within thirty days of any change hereto. 2. The complete name and address of the respondent(s), if available. 3. The characteristic, or protected class, the alleged discrimination or discriminatory practice to alleged to be based upon. 4. A full and complete statement describing the essential facts of the allegation of discrimination, discriminatory practice, or other violation of any provision of this chapter, including relevant dates, times and places of alleged discrimination and any witnesses to the alleged discrimination or discriminatory practice. 5. A complaint may be withdrawn or amended in the following circumstances: a. A complaint, or any part thereof, may be withdrawn or amended in writing by the complainant(s) at any time, with the exception noted in (c) below. b. A complaint may also be withdrawn by the Fair Housing Officer in the event that the Fair Housing Officer, after due diligence, cannot locate the complainant. Notice of such withdrawal shall be served upon the respondent and shall act as an adjudication and determination upon the merits. c. A complaint may be amended subsequent to its filing, provided that, if a hearing to determine probably cause has been set and notice issued by the Fair Housing Officer or Hearing Examiner, a complaint may not be amended later than ten days prior to the date of such a hearing unless express written permission is granted for such later amendment by the Fair Housing Officer or Hearing Examiner. Notice of such express permission and a copy of such later amendment(s) shall be provided to the respondent prior to said hearing. B. Upon the filing of a lawful, timely, and otherwise proper complaint, the Fair Housing Officer shall serve, by certified mail or otherwise as allowed by law, a true and correct copy of same upon the respondent. C. Removal to Circuit Court. Upon service of the complaint on both parties, any party to the action may remove the complaint to Circuit Court at any time by following the proper procedures for filing. Upon removal to Circuit Court, the City will take no further action on the complaint. 16.04.090 - Complaint procedure—Investigation. A. Investigations. The Fair Housing Officer or an investigator designated, appointed and retained by the Fair Housing Officer shall promptly investigate all duly and timely filed complaints and shall prepare a written report of all facts, statements, and other evidence of whatsoever kind and nature discovered as a result of such investigation. B. All discrimination complaints involving the City of Janesville or Janesville Housing Authority shall be referred to the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development or the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD), whichever may have jurisdiction over the complaint and the City shall take no action, but shall promptly refer the complaint to the ERD, EEOC or HUD for appropriate actions provided by law. The complainant and respondent shall be informed of all such referrals. 16.04.100 - Complaint procedure—Determination of probable cause. A. Determination of probable cause. The Fair Housing Officer or a designated Hearing Examiner shall review the complaint and the facts and reports of the investigation and such other information as he or she may otherwise develop or uncover through subpoena, hearing(s), or otherwise, and render a written determination as to whether there is probable cause to believe that one or more provisions of this chapter have, may be, or are being violated by one or more named persons together with the facts supporting such determination. B. The Fair Housing Officer or designated Hearing Examiner, as a part of his or her review of the case, may conduct or cause to be conducted one or more hearings at which the respondent, complainant, and others may be compelled to testify by subpoena. The Hearing Examiner may also compel the production of any and all other papers, records, information, testimony, and evidence of whatsoever kind or nature directly and/or indirectly pertaining to the complaint and/or any allegation contained therein or which the investigation may have revealed. In the event a witness either fails or refuses to obey a subpoena issued by the Hearing Examiner, the Hearing Examiner may order attendance or the production of records and/or seek such relief through a court of competent jurisdiction as may be provided by law. 16.04.110 - Mediation and conciliation—Notice of failure—Complainant requests prosecution. A. In the event that there is a determination of probable cause that one or more provisions of this chapter have, may be, or are being violated by one or more named persons together with the facts supporting such determination, the Fair Housing Officer shall, within thirty days of the rendering of such determination, seek a resolution or appoint a Mediator who shall attempt, by means including but not limited to, conference, mediation, conciliation, and/or persuasion, eliminate the alleged discriminatory practice and resolve the remaining issues between the complaint and respondent arising under this chapter or other law. B. All settlement agreements shall be in writing, filed with the Fair Housing Officer, and otherwise as provided in this chapter. C. In the event that, in the sole opinion of the Fair Housing Officer or Mediator, efforts at settlement have failed to eliminate the discriminatory practice or other violation alleged by the complainant or efforts at a voluntary mutual resolution of the issues by the complainant and respondent have failed, the Mediator shall promptly issue or cause to be issued a Notice of the Failure to Reach Agreement and serve same upon the complainant, respondent, and Fair Housing Officer. D. The complainant shall then have not more than 180 days after service of the notice of failure to reach agreement within which to request, in writing filed with the Fair Housing Officer, that the City Attorney review the complaint for the purpose of commencing an ordinance violation forfeiture action against the respondent. 16.04.115 – Violations – Appeals A. Within thirty (30) days following the decision, the complainant or respondent may appeal by certiorari to the Circuit Court of Rock County by filing a petition for review. 16.04.120 - Violations—Remedies—Penalties A. In addition to all other legal and equitable remedies available under this chapter and otherwise at law, the City Attorney may apply for, and any court of competent jurisdiction may issue and order, any and all legal and equitable remedies, orders, and judgments necessary, proper, desirable, or applicable to effectuate the purposes and intent of this chapter, including, but not limited to, enforcement of the settlement agreement, cease and desist orders, injunctive, and/or affirmative action(s) of whatever kind or nature by the respondent. B. For a first violation within a five year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued here under shall forfeit and pay not less than $100.00 nor more than $10,000.00. Each day a violation continues shall constitute a separate offense. C. For a second violation within a five year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued here under shall forfeit and pay not less than $1,000.00 nor more than $25,000.00. Each day a violation continues shall constitute a separate offense. D. For a third and subsequent violation within a seven year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued hereunder shall forfeit and pay not less than $1 ,000.00 nor more than $50,000.00 each day a violation continues shall constitute a separate offense. 16.04.130 - Liberal construction—Severability. A. The provisions of this chapter shall be liberally construed in order to promote the purposes and provisions contained herein. B. The provisions of this chapter are severable and if any provision, sentence, clause, section, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the chapter, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, unconstitutional, or inapplicable provision, sentence, clause, section, or part thereof had not been included therein, and if the person or circumstances to which the chapter, or any part thereof, is inapplicable and has been specifically exempted therefrom. 16.04.140 - Cumulative effect. This code is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue. State Law reference— Local fair housing ordinances, Wis. Stat. § 66.1011; open housing, Wis. Stat. § 160.50. • ti ADOPTED: December 9, 2019 Motion by: Marklein Second by: Williams APPROVED: Councilmember Aye Nay Pass Absent Benson X Mark A. reitag, City Manager Conley X ATT4e_ / / Farrell X : Gruber X d T. Godek, Ci y Clerk-Treasurer Marklein X APPROVED AS TO FORM: Williams X Li Wolfe X Tim Wellnitz, Assistant City Attorney Proposed by:Neighborhood & Community Services Prepared by: Neighborhood & Community Services