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O-13-13 Amending O-27-07 and Extending Special Use Approval for a Residential PUDORDINANCE N040 -I � =13 AN ORDINANCE AMENDING 0 -27 -07 AND EXTENDING SPECIAL USE APPROVAL FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT (NOTTING HILL SUBDIVISION) LOCATED AT 15325 129TH STREET ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 25TH DAY OF FEBRUARY, 2013 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 25th day of February, 2013. ORDINANCE NO. C) —I3 —C3 AN ORDINANCE AMENDING 0 -27 -07 AND EXTENDING SPECIAL USE APPROVAL FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT (NOTTING HILL SUBDIVISION) LOCATED AT 15325 129TH STREET WHEREAS, E.T. Mansell Construction, hereinafter referred to as the Petitioner, is the owner of the subject property consisting of 10.10 acres; said parcel is located at 15325 129th Street, and is legally described in Exhibit "A" attached; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance for preliminary plat approval, special use for a planned unit development and zoning map amendment to Lemont R -5 Single Family Detached Residence Special Use PUD from Cook County R -4 Single Family Residence District; and WHEREAS, the Village Board of Trustees approved Ordinance 0- 27 -07, granting approval said requests, on April 23, 2007; and WHEREAS, the Village Board of Trustees approved Ordinance 0- 19 -08, granting extension of said special use for a planned unit development on April 14, 2008; and WHEREAS, the Village Board of Trustees approved Ordinance 0- 17 -10, granting extension of said special use for a planned unit development on April 14, 2008; and WHEREAS, the Village Board of Trustees approved Ordinance 0- 24 -11, granting extension of said special use for a planned unit development on March 14, 2011; and WHEREAS, Mr. E. Mansell, President of E.T. Mansell Constructions, prefers to delay the start of the project due to market considerations, and has therefore, once again, requested this amendment. THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: Section 1. That Section 3 of Ordinance 0 -27 -07 is amended as follows: "Section 3. Approval of a special use — planned unit development is granted as provided in Lemont Zoning Ordinance Section XVI.H (Special Use —Planned Unit Developments) with the condition that the Planned Unit Development approval shall lapse in the event the DEVELOPER does not file for Final Plat of Subdivision within eight (8) years of the effective date of this AGREEMENT. " -2- Section 2. That all other Sections and Conditions of Ordinance 0 -27 -07 remain as they were upon approval by the Village Board of Trustees on April 23, 2007. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 25th day of February, 2013. AYES NAYS PASSED ABSENT V Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Approved by me this 25th day of February, 2013 Ajjd&'�-' /j&A-x-- BRIA VES, V age President`��� Attest: &�t� W 4xd�� CHARLENE M. SM LLEN, Village Clerk -3- V 'i THE BOARD OF COMMISSIONERS TODD H. STROGER PRESIDEW EAMEwccurs 131e1sl RDOW, 87EM 2WML .awounim UCK Y9�AWANM 40M DEEOFMON8 snow. JdWP.M WW MoK J096++vAIiIOVAFM AhW atawU MMONAM an DM IMOK June 23, 2009 B(1OWGAHM tohm J"P.DALEY IMCK F011OWCLAYPOOL 1MCM IAMMMStFFFMN 131hoa GFEW OO" Moil TLe'rW0.80400 R 15hm AMM1NYJ.P8*= 101Te1. HIIABtiTM"DDDDYGORpMN 17M The Honorable John Piazza President - Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 Dear President Piazza: RE: Fair Housing Ordinance BUREAU OF CAPITAL, PLANNING & FACILITIES MANAGEMENT MAURICE S. JONES - DIRECTOR DEPARTMENT OF PLANNING & DEVELOPMENT 89 W. Washington, Suite 2900 Chicago, Illinois 80802 -3171 TEL: 312. 6031000 FAX: 312.803 -9970 TDD: 312 -803 -5255 Thank you for your recent Fair Housing information that was submitted. It is a requirement that municipalities receiving federal funds from the Community Development Block Grant (CDBG) Program; administered by the County, have an updated ordinance on file. Upon review of your municipality's Fair Housing file by the Department of Planning and Development, we respectfully request a copy of a current ordinance. The ordinance should include all of the protective classes recognized by the Cook County Commission on Human Rights to include: Race, Color, Religion, Sex, National Origin, Ancestry, Age, Marital Status, Disability, Parental Status, Sexual Orientation, Source of Income, Military Discharge Status, Gender Identity, Housing Status, Retaliation, Aiding/Abetting, and Willful Interference. A copy of such an ordinance is included. Kindly submit the updated ordinance by September 1. 2009 If additional assistance is needed, please contact Pamela White at (312) 603 -1019. Keep in mind that is possible to receive a request for Fair Housing Action Plan information, under separate cover. Sin rely, -- _ Maurice S. ones Ali Director ff Departme lanning and Development Enclosure: Sample Fair Housing Ordinance FAIR HOUSING ORDINANCE FOR THE CITY OF 09- xxxx WHEREAS, It is a violation of the Fain- Housing Law of the City of for any real estate agent, realtor or any person who operates or manages a multi -unit building to: Deny housing to any person because of race, color, religion, sex, national origin ancestry, age, marital status, disability, parental status, sexual orientation, source of income, military discharge status, gender identity, retaliation, housing status, aiding /abetting, and. willful interference WHEREAS, the City does not discriminate against any person in the price, terms, effective marketing plans, conditions or privileges related to the sale or rental of any dwelling, or in the providing of facilities, repairs, improvements or services in connection with such sale or rental of any dwelling. WHEREAS, the City does not discriminate against any person by refusing to sell or rent, negotiate for the sale or rental or to withdraw from the market or otherwise make unavailable, any dwelling due to limited proficiency of the English language. WHEREAS, the City does not discriminate against any person by making false representations or by withholding material information with respect to the inspection, sale or rental of any dwelling, including, but not limited to, representing to any person that any dwelling is not available for inspection, sale or rental, when such dwelling is, in fact, available. WHEREAS, the City does not discriminate against any person in connection with borrowing or lending money, guaranteeing loans, accepting a deed of trust or mortgagee or otherwise obtaining or making available funds for the purchase, construction, improvement, repair or maintenance of any dwelling; or discriminate by delaying the processing of or denying such loan or other financial assistance; or discriminate in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance. WHEREAS, the City does not discriminate against any person in appraising the value of any dwelling in connection with the sale or rental of such dwelling. WHEREAS, no person shall solicit any owner or occupant of a dwelling to sell or rent, or list WHEREAS, no person shall solicit any owner or occupant of a dwelling to sell or rent, or list for sale or rental, such dwelling at any time after such owner or occupant has notified the Mayor or specific city department that he does not desire to be solicited. WHEREAS, the City will undertake activities to promote Fair Housing in its community, such as seminars, speaker bureaus with invitations to banks and lending institutions, local and/or regional realtor associations, appraisal associations; festivals, as well as brochures and/or newsletters. WHEREAS the Fair Housing Review Board Alliance, or an agency promoting Fair Housing, partners with (the city) for the conciliation of resolving complaints relative to discriminatory Fair Housing practices. WHEREAS, the City hereby declares the afore - mentioned to be lawful and in compliance with fair housing practice for any real estate agent, appraisal service, lending institution, private owner or other persons to whom any provision of ORDINANCE § 00.00,00.00 Section through dated THEREFORE, BE IT HEREBY ORDAINED BY THE CITY OF VIA APPROVAL BY THE CITY COUNCIL Of THAT ON THE DAY OF , 2009, THIS FAIR HOUSING ORDINANCE IS ENFORCED. Mayor of the City Chief of Staff to the Mayor of the City of President of the City Council Where to File Housing Discrimination Complaints The following table provides general guidance. This is not a guarantee of coverage. Certain exceptions and limitations may apply. You maybe able to file your claim with more than one. agency. Please telephone an agency if you have questions. Rev. 02107 S.%CCCHR.CMNgder ASenq CIMUNO • ♦..eago U.S. Mpt. Of 'ti s' to i l iss�ion o ,Cam lwhois . g0i1fSIJi' and o> is t clan C 0 0. i -Uppalrtmei t df Urban. Mace Types of Race Color Mace Color Race Color Discrimination Religion ,Color $eligion Religion Religion Covered Sex (including sexual Six (including sexual Sex (including sexual Sex (including sexual harassment) hs(}asswent} harassment) harassment) National Origin NiAond Origin National Origin National Origin Ancestry Ancestry Ancestry Marital Status Marital Status Marital Status Unabili Disability Disability Disability Parental Status Parental Status Familial Status Familial Status Sexual Orientation texual Orientation Sexual Orientation Source of Income Source of Income Unfavorable Military Military Discharge Military Discharge Discharge Status Status Military Status Gender Identity Geneeir Identity Gender Identity Housing Status (tetaliation Retaliation Retaliation Aiding/Abhtting AidigVAbetting . Willful Interference Willfal Interference Intimidation and Gander Ideutlty and Coercion Coercion Geographic.. Housing located within Housing located within Housing located within Housing located within Limitations the City of Chicago Coots County Illinois U.S. or U.S. territories Time Must Cale within 180 Must file within 180 Must file within one year Must Me within one Limitations days of the alleged days of the alleged of the alleged violation year of the alleged violation violation violation Who Can Be All persons who have All persons who have All real property owners, Most residential housing Sued right to sell, rent or right to sell, rent or lease sales and rental agents, owners (some lease any housing any housing unit within builders, lenders, exceptions apply -see acconunodation within Cook County and their appraisers, and other intake), sales and rental Chicago and their agents and persons persons involved in real agents, builders, lenders agents engaged in other aspects estate transactions and appraisers of real estate Lenders under credit transactions, such as Municipalities transaction visions lenders and brokers Advertisers Rev. 02107 S.%CCCHR.CMNgder ASenq CIMUNO Rev. 02/07 S:N=HR.CMN\%ter Agency C hans.wpd U.S. Dept. of Chicago -ComndkWon on Cook - County Illinois Housing. and -a to fte-cies ; commission on Department of Urban Hg*an Human Rights _pm, Lgle, P Kings of Relief Make Whole damages (such as moving Make whole damages (such as moving Make whole damages (such as moving Make whole damages (such as moving .Available expenses, rent differentials and expenses, rent differentials and expenses, rent differentials and expenses, rent differentials and emotional distress emotional distress emotional distress emotional distress damages) damages) damages) damages) Punitive Damages Punitive Damages Punitive Damages Fines to the City Fines to the County Fines to State Fines to Agency Injunctive Relief (such as injunctive Relief, Injunctive Relief, Injunctive Relief, order to sell/rent) including emergency relief (such as order to including emergency relief (such as order to including emergency relief (such as order to cease eviction or order cease eviction or order cease eviction or to sell/rent) to'sell/rent) order to sell/rent) Attorneys Fees for Attorneys Fees for Attorneys Fees for Attorneys Fees for prevailing Complainant availing Complainant prevaift Complainatitt P Agency Chicago Commission on Human Relations Cook County commission on Human Illinois Department of Human Rights U.S. Dept. of Housing and Urban Development Contact 740 N. Sedgwick Rights James R. Thompson Ofte of Fair Housing Information Yo Floor 69 W. Washington St. Center and Equal Opportunity Chicago, IL 60610 Suite #3040 100 W. Randolph 77 W. Jackson, (312) 7444111 (312) 7441088 (TDD) Chicago, IL 60602 (1112) 603-1100 Suite 10-100 Chicago, IL 60601 Suite 2101 Chicago, IL 60604-3507 (312) 744- 1081(FAX) (312) 603- 1101(TDD) (312) 8146200 (312) 353-7776 (312) 603-9988 (FAX) (312) 263-1579 (TDD) 14W-669-9777 (Toll I-800-M2-3942 (Toll free) free housing 1-800-927-9275 (TDD) discrimination line) (312) 886-2837 (FAX) (312) 814 -1541 (Fax) --- Office Hours Ei&g How: Monday through Friday office Hours:, Monday through Friday Offia Hours: Monday through Friday office HOE Monday through Friday 9:00 - 5:00 (2 copies of 8:30 - 5-00 8:30 - 5-00 8:15 - 4:45 all.filings required) Intake Hours: Monday, Thursday, Friday Intake Ho=-; Monday through Friday Intake Hours: Monday through Intake HPUB: Monday through Friday 9:00 - 5:00 9:00 - 4:00 Thursday 8:15 - 4:45 8:30 - 5:00 Tuesday, Wednesday 9:00 - 6:00 Other Forms Employment Public Accommodations Employment Public Accommodations Employment Public Accommodations Of Credit Transactions Creffit'Ttansactions Credit Transactions Discrimination Sexual Harassment in Covered' J Higher Education . Rev. 02/07 S:N=HR.CMN\%ter Agency C hans.wpd Chapter 9.14 FAIR HOUSING Sections: Discriminatory Acts Article 1. General Discriminatory terms. Provisions 9.14.010 Declaration of policy. 9.14.020 Construction. 9.14.030 Definitions. 9.14.040 Administration. 9.14.050 Exempted acts. Article H. Prohibited Discriminatory Acts 9.14.060 Discriminatory terms. 9.14.070 Refusal to negotiate, deal, sell or rent. 9.14.080 Withholding dwellings. 9.14 090 Discriminatory 9.14.220 advertisement, signs 9.14.290 and notices. 9.14.100 Panic peddling. 9.14.110 Financing of real estate 9.14.240 transactions. 9.14.120 Processing of loans or other financial 9.14.300 assistance. 9.14.130 Appraisal of value of real estate or sale of insurance. 9.14.140 Varying rents or sale price. 9.14.150 Using different qualification criteria. 9.14.160 Eviction. 9.14.170 Listing agreements. 9.14.180 Discrimination in membership or participation in multiple- listing services. 9.14.190 Steering or restricting of choice. 9.14100 Participating in discriminatory acts. 9.14.210 Restricting or limiting housing choice. 9.14.220 Aiding and abetting of 9.14.290 acts. 9.14.230 Interference, coercion or intimidation. 9.14.240 Solicitation. Article M. Prohibited Discriminatory Acts ARecting the Handicapped 9.14.250 Additional unlawful Article IV. Prohibited Discriminatory Acts by Financial Institutions 9.14.310 Prohibited discriminatory acts by financial institutions. 204 -1 (i wat 2 -93) discriminatory practices. 9.14160 Discrimination against the handicapped. 9.14.270 'Refusal to permit reasonable modifications. 9.14.290 Refusal to make reasonable accommodations in rules and policies. 9.14.290 Failure to construct accessible buildings. 9.14.300 Refusal to sell or rent to persons with guide dogs. Article IV. Prohibited Discriminatory Acts by Financial Institutions 9.14.310 Prohibited discriminatory acts by financial institutions. 204 -1 (i wat 2 -93) 9.1d 010 Article V. Complaints, Conciliation and Hearing Procedures 9.14320 Complaint— Procedure. 9.14330 Complaint— Notice. 9.14340 Complaint -- Injunctive temporary relief. 9.14.350 Respondent response. 9.14.360 Complainant response. 9.14.370 Investigation of complaint. 9.14.380 Conciliation — Procedure. 9.14.390 Hearing on complaint. 9.14.400 Report and decision. 9.14.410 Settlement of complaint. Article VI. Violation — Penalty 9.14.420 Violation— Penalty. 9.14.430 Additional penalties. Article VII. Appeal Procedures 9.14.440 Appeal procedures. Article I. General Provisions 9.14.010 Declaration of policy. In the exercise of its power to regulate for the protection of the public health, safe- ty. morals, and welfare, it is declared to be the public policy of this municipality to assure fair housing and freedom from dis- crimination throughout the community, to protect the community from the effects of residential segregation by race, color, reli- gion, sex, physical or mental handicap, familial status or national origin, and to secure to its citizens the economic, social and professional benefits of living in a stab- le, integrated society. (Ord. 757 § 1.1,1992) (Lemont 2.93) 204 -2 9.14.020 Construction. This chapter shall be construed according to the fair import of its terns, and shall be liberally construed to further the purposes and policy stated and the special purposes of the particular provision involved. (Ord. 757 § 1.2, 1992) 9.14.030 Definitions. As used in this chapter, the following terns have the following meanings: "ANSI A117.1- 1986" means the 1986 Edition of the American National Standard for buildings and facilities providing acces- sibility and usability for physically handi- capped people. "Board" means the fair housing review board. 'Broker" means and includes any person authorized to perform an action on behalf of another person regarding any matter related to the scale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate related transactions. "Building" means a structure, facility_, or portion thereof that contains or serves one or more dwelling units. "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to ac- cessible parking and passenger loading zones. or to public streets or sidewalks, if available. "Charge" means an allegation contained in a complaint. "Civil rights violation" means and in- cludes and shall be limited to only those specific acts set forth in Articles II, Ill, and 1V of this chapter. "Common use areas" means rooms, spac- es or elements inside or outside of a build- ing that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges. lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings. "Complaint" means the document filed by a complainant with the administering agency. "Complainant" means a party /person, including the administering agency, who files a complaint. "Commission" means the human relations commission. "Community residence" means a group home or specialized residential care home serving unrelated persons with disabilities. "Conciliation" means the attempted reso- lution of issues raised by a complaint, or the investigation of such charge, through informal negotiations involving the ag- grieved party, the respondent and the ad- ministering agency. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. "Controlled substance" means any drug or other substance, or immediate precursor included in the definition in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). "Covered multifamily dwelling" means a building consisting of four or more units if such buildings have one or more eleva- tors; and ground floor units in other build- ings consisting of four or more units. "Discriminate" means to treat any person different from others because of race, color, 9.14.030 religion, creed, national origin, age, sex, ancestry, marital status, physical or mental handicap, familial status. or unfavorable military discharge. "Dwelling" means any building structure or portion thereof which is occupied as, or designated or intended for occupancy as, a residence by one or more families or unm- lated Individuals, and any vacant land which is offered for sale or lease for the construc- tion or location thereon of any such budd- ing, structure or portion thereof. "Elderly person" means a person fifty - five years of age or older. "Entrance" means any access point to a building used by residents for the purpose of entering. "Exterior" means all areas of the premis- es outside of an individual dwelling unit. "Family status" means one or more indi- viduals who have not attained the age of eighteen years being domiciled with: 1. A parent or a person having legal custody of such individual or individuals; 2. The designee of such parent or other person having such custody, with the writ- ten permission of such parent or other per- son; or 3. Persons who are pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen. "Financial institution" means any bank, credit union, insurance company, mortgage banking company, savings and loan associa- tion, or other entity or organization which makes or purchases loans or provides other 204 -3 (Lemont 2 -93) 9.14.030 financial assistance and which operated or has a place of business in the state of Illi- nois. "Handicap" means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities, a record of such an impairment, or being regarding as having such an impairment. "Hearing" means that part of an adjudica- tive proceeding that involves the submission of evidence, either by oral presentation or written submission, and includes the sub- mission of briefs and oral arguments on the evidence and applicable law. "Hearing agency" means the agency designated by the corporate authorities of the municipality to conduct hearings on, and adjudicate the question of, ordinance viola - tions. "Housing accommodation" includes any improved or unimproved real property or part thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals. "Housing for older persons" means: 1. All housing that is provided under state and federal programs for elderly per- sons as defined by the specific programs, providing United States Department of Housing and Urban Development (U.S. HUD) approval has been secured; 2. Housing that is "intended for, and solely occupied by persons sixty -two years of age or older; 3. Communities in which at least eighty percent of all units are occupied by one person fifty-five years of age or older, if the existence of significant facilities and servic- es specifically designed to meet the physical (Lemont 2.93) 204-4 and social needs of older persons can be documented. "Interior" means the spaces, parts, com- ponents or elements of an individual dwell- ing unit. "Loan" means and includes, but is not limited to, the providing of funds, for con- sideration, which are: 1. Sought for the purpose of purchasing, constructing, improving, repairing, or main- taining a housing accommodation; 2. Sought for any commercial or indus- trial purposes; or 3.. Secured by residential real estate. "Lease" includes any sublease, assign- ment, or rental and any contract to enter into any of the foregoing. "Marital status" means the legal status of being married, single, separated, divorced or widowed. "Modification' ' means any change to the public or common use areas of a building or any change to a dwelling unit. "National origin" means the place in which a person or one of his or her ances- tors was bom. "Offer" means and includes every attempt by means of written or oral commu- nications to present for acceptance or rejec- tion, to hold out or proffer. to make a proposal to or to exhibit real estate that may be taken or received with the intention of ultimately entering a real estate transac- tion. "Owner" means any person who holds legal or equitable title to, or owns any bene- ficial interest in, any real estate, or holds legal or equitable dde to shares of, or any beneficial interest in, an equity which owns any real estate. "Panic peddling" means for profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regard- ing the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status. national origin or handicap. "Person" includes one or more individu- als, corporations, partnerships, associations, labor organizations, legal representatives,l mutual companies. joint stock companies, trusts, unincorporated organizations, trustees or trustees in cases under Title 11 of the United States Code. "Person in the business of selling or renting dwellings" means any person who: 1. Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest there- in; 2. Within the preceding twelve months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transac- tions involving the sale or rental of any dwelling or interest therein; or 3. Is the owner of any dwelling de- signed or intended for occupancy by. or occupied by, five or more families. "Physical or mental impairment" means and includes: 1. Any physiological disorder or condi- tion, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskele- tal; special sense organs; respiratory, includ- ing speech organs; cardiovascular, reproduc- tive; digestive; genito- urinary; hemic and lymphatic; skin; and endocrine; or 2. Any mental or psychological disor- der, such as mental retardation, organic 9.14.030 brain syndrome, emotional or mental illness, and specific learning disabilities. "Premises" means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building. "Protected classes" means and includes all persons legally protected againstdiscrim- ination. "Public contract" means and includes every contract to which the state of Illinois, any of its political subdivisions or any municipal corporation is a party. "Public use area" means interior or exte- rior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned. "Real estate transaction" means the pur- chase, sale or fee equitable title to, or bene- ficial interest in, or rental oulease of, any real property; or an option to do any of the foregoing, or any negotiation, listing, contract, or agreement in connection there- with. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assis- tance for purchasing, constructing, improv- ing, repairing or maintaining a dwelling or secured by residential real estate. "Real property" includes buildings, struc- tures, real estate, lands, tenements, lease- holds, interest in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. "Religion" includes all aspects of reli- gious observance and practice, as well as belief; and all aspects of religious nonobser- vance, nonpractice and nonbelief. 204 -5 (Lemont 2 -93) 9.14.030 "Respondent" means: 1. The person or other entity against whom a discriminatory housing practice has been alleged in a complaint; .2. Any other person or entity identified in the course of investigation and notified as required under Article Vlll of this chap- ter. "Sex" means the status of being male or female. "Solicit" or "solicitation" means any communication by or on behalf of a real estate agent with the owner or occupant of a dwelling: 1. Which is intended to include the sale or rental of such dwelling; 2. Which is intended to offer or pro- mote services in connection with the sale, rental or listing of such dwelling; and 3. Which is carried out by means of: a. In -person contacts at the dwelling, b. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflets or pamphlets, or c. Telephone contacts with owners or occupants of the dwelling. For purposes of this chapter, the tern "so- licit" or "solicitation" shall not refer to communication carried out by means of print or electronic media of general circula- tion, such as a newspaper, radio, television, or the yellow pages. "Steering" means influencing or attempt- ing to influence by words or acts the choice or location of housing of a prospective purchaser, occupant, or tenant, in connec- tion with viewing, buying, leasing, or occu- pying real estate based on race, color, reli- gion, sex, familial status, national origin, or handicap so as to limit choice or promote or maintain segregation. (Lemont 2 -93) 204 -6 "To rent" includes to lease, to sublease, to let, and to otherwise grant for consider- ation the right to occupy premises not owned by the occupant. "Varying terms" means and includes, but is not limited to. the following practices: I. Requiring a greater down payment than is usual for the particular type of a loan involved; 2. Requiring a shorter period of amorti- zation than is usual for the particular type of loan involved; 3. Charging a higher interest rate than is usual for the particular type of loan in- volved; 4. Underappraising of real estate or other items of property offered as security. (Ord. 757 § 1 A, 1992). 9.14.040 Administration. The administering agency, village manag- er, or president and trustees, shall appoint an administrator. The administrator shall have such duties, responsibilities and pow- ers as are necessary for the implementation of this chapter and additionally as may be provided by the administering agency or president and trustees, including the issuing, initiation, receipt and due processing of complaints. (Ord. 757 Art. b. 1992) 9.14.050 Exempted acts. Nothing in this chapter, other than the prohibition against discriminatory advertis- ing, shall: A. Apply to the following: 1. The rental, lease, or occupancy of a room in an owner, - occupied single - family dwelling, provided the following conditions are met: 9.14.060 of sale or rental of a dwelling, or in the provision of services or facilities in connec. lion therewith, because of race, color, reli- gion, sex, physical or mental handicap, familial status or national origin. (Ord. 757 § 2.1, 1992) 9.14.070 Refusal to negotiate, deal, sell or rent. It is unlawful to refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, physical or mental handicap, familial status, or national origin. (Ord. 757 § 2.2. 1992) 9.14.080 Withholding dwellings. It is unlawful to represent to any person because of race, color, religion, sex, physi- cal or mental handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available. (Ord. 757 § 2.3, 1992) 9.14.090 Discriminatory advertisement, signs and notices. It is unlawful to make, print, circulate, or publish, or cause to be made, printed, or published, any written or oral notice, state- ment, or advertisement, with respect to the sale of the rental of a dwelling that indi- cates any preference, limitation, or discrimi- nation based on race, color, religion, sex, physical or mental handicap, familial status, or national origin or an intention to make such preference, limitation. or discrimina- tion. Discriminatory notices, statements and (L=wnt 2.93) 204 -8 advertisements include, but are not limited to: A. Using words, phrases, photographs, illustration, symbols, or forms which con- vey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, physi. cal or mental handicap, familial status, or national origin; B. Expressing to agents, brokers, em- ployees, prospective sellers or renters or any other person a preference for a limitation on any purchaser or renter because of race, color, religion, sex, physical or mental handicap, familial status, or national origin of such persons; C. Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the hous- ing market information about housing op- portunities because of race, color, religion, sex, physical or mental handicap, familial status, or national origin; D. Refusing to publish advertising for the sale or rental of dwellings, or requiring different charges or terns for such advertis- ing because of race, color, religion, sex, physical or mental handicap, familial status or national origin. (Ord. 757 § 2.4, 1992) 9.14.100 Panic peddling. A. It is unlawful. for profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighbor. hood of a person or persons of a particular race, color, religion, sex, physical or mental handicap, familial status or national origin. B. Prohibited actions under this section include, but are not limited to: a. The owner does not own or have any interest in more than three single - family houses at any one time, b. The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the person of selling or renting dwellings. 2. Rooms or units in dwellings contain- ing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her resi- dence; B. Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, super- vised, or controlled by or in conjunction with a religious organization or society from limiting the sale. rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or from giving prefer- ence to such person, unless membership in such religion is restricted on account of race, color, religion, sex, physical or mental handicap, familial status, or national origin: C. 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 and their guests or from giving preference to its members; D. Prohibit the rental or sale of dwelling on the basis of age or handicap when such dwelling is authorized, approved, financed or subsidized in whole or in part by a unit of state, local or federal government; E. Limit the applicability of any reason- able local, state or federal restrictions re- 9.14.0'50 garding the maximum number of occupants permitted to occupy a dwelling, F. Require the rental or sale of a unit to any person convicted of the illegal manufac- tun; or distribution of a controlled sul- stance; G. with regard to discrimination based on familial status, apply with respect to housing for older persons as defined in Section 9.14.030 of this chapter, H. Apply to persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnish- ing appraisals; I. Prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include the following: 1. The willingness and the financial ability of the borrower to repay the loan, 2. The market value of any real estate or other item of property proposed as secu- rity for any loan, 3. Diversification of the financial institution's investment portfolio; J. Prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, age, ancestry, unfavorable military discharge, color, reli- gion, sex, handicap, familial status or na- tional origin. (Ord. 757 Art. 5. 1992) Article U. Prohibited Discriminatory Acts 9.14.060 Discriminatory terms, It is unlawful to discriminate against any person in the terms, conditions, or privileges 204 -7 (L.em a 2 -93) 1. Engaging for profit in conduct (in- cluding uninvited solicitations for listings) which conveys to a person that a neighbor- hood is undergoing or is about to undergo a change in the race, color, religion, sex, physical or mental handicap, familial status or national origin of persons to offer a dwelling for sale or rental; 2. Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of per- sons of a particular race, color, religion, sex, familial status, or national origin or with handicaps can or will result in undesir- able consequences for this project, neigh- borhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior. or a decline in the quality of schools or other services or facili- ties. (Ord. 757 § 2.5, 1992) 9.14.110 Financing of real estate transactions. It is unlawful to discriminate in connec- tion with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise financing a real estate transaction on the grounds of race, color, religion, sex, physical or mental handicap, familial status or national origin. (Ord. 757 § 2.6, 1992) 9.14.120 Processing of loans or other financial assistance. It is unlawful to deny or delay the pro- cessing of a loan or other financial assis- tance to a person applying therefor for the purpose of purchasing, constructing, im- proving, repairing, or maintaining a dwell- ing, or discriminate in the fixing of that amount, interest rate, duration, or other terns or conditions of such loan or other financial assistance because of race, color, 9.14.100 religion, sex, physical or mental handicap, familial status or national origin of such person. (Ord. 757 § 2.7, 1992) 9.14.130 Appraisal of value of real estate or sale of insurance. It is unlawful to discriminate in the ap- praisal of the value of real estate or in the sale of insurance in connection with a real estate transaction because of the race, color, religion, sex, physical or mental handicap, familial status or national origin of the person. (Ord. 757 § 2.8, 1992) 9.14.140 Varying rents or sate price. It is unlawful to impose different sale prices or rental charges for the sale or rental of a dwelling upon any person because of the race, color, religion, sex, physical or mental handicap, familial status, or national origin of such person. (Ord. 757 § 2.9, 1992) 9.14.150 Using different qualification criteria. It is unlawful to use different qualifica- tion criteria or application, or sale or rental standards or procedures, such as income standards, application requirements, applica- tion fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, physi- cal or mental handicap, familial status or national origin. (Ord. 757 § 2.10, 1992) 9.14.160 Eviction. it is unlawful to evict tenants because of their race, color, religion, sex, handicap, familial status, ornational origin, or because of the race, color, religion, sex, physical or 204 -9 (Lw4nt 2 -93) 9.14.160 mental handicap, familial status, or national origin of a tenant's guest. (Ord. 757 § 2.11, 1992) 9.14.170 Listing agreements. It is unlawful to enter into a listing agreement which discriminates against any person because of race, color, religion, sex, physical or mental handicap, familial status or national origin. (Ord. 757 § 2.12. 1992) 9.14.180 Discrimination in membership or participation in multiple. listing services. It is unlawful to deny any person access to or membership or participation in any multiple- listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or condi- tions of such access, membership or partici- pation on account of race, color, religion, sex, physical or mental handicap, familial status or national origin. (Ord. 757 § 2.13, 1992) 9.14.190 Steering or restricting of choice. A. It is unlawful to restrict or attempt to restrict, because of race, color, religion, sex, physical or mental handicap, familial status or national origin, the choices of a person by words or acts in connection with buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing pat- terns, or to discourage or obstruct integrated housing. B. Prohibited actions under this section, which are generally referred to as unlawful (Um^t 2-93) 204 -10 steering practices, include, but are not limit- ed to the following. 1. Discouraging any person from in- specting, purchasing or renting a dwelling because of race, color, religion, sex, physi- cal or mental handicap, familial status or national origin; or because of the race, color, religion. sex, physical or mental handicap. familial status, or national origin of persons in a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated hous- ing. 2. Discourage the purchase or rental of a dwelling because of race, color, religion, sex, physical or mental handicap, familial status or national origin by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development, so as_ to perpetuate, or tend to perpetuate, segregated housing patterns, or to discour- age or obstruct integrated housing. 3. Communicating to any prospective purchaser that he or she would not be com- fortable or compatible with existing resi- dents of a community, neighborhood or development because of race, color, reli- gion, sex, physical or mental handicap, familial status or national origin, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or ob- struct integrated housing. 4. Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because pf race, color, religion, .sex, physical or mental handicap, familial status or national origin, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct inte- grated housing. 5. Failing to infonn any person of avail- able housing opportunities in a particular section of a community. neighborhood or development, or in a particular building or particular floor of a building, because of race, color, religion, sex, physical or mental handicap, familial status or national origin, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discour- age or obstruct integrated housing. (Ord. 757 § 2.14, 1992) 9.14.200 Participating in discriminatory acts. It is unlawful to act or undertake to act as a real estate broker, salesman, or agent with respect to any dwelling, the disposition of which requires the person to participate in discrimination. (Ord. 757 § 2.15, 1992) 9.14.210 Restricting or limiting housing choice. it is unlawful to perform any act of dis. crimination with the intention or effect of restricting or limiting the housing choice of any person. (Ord. 757 § 2.16. 1992) 9.14.220 Aiding and abetting of acts. It is unlawful to aid or abet acts per- formed in violation of this chapter. (Ord. 757 § 2.17, 1992) 9.14.230 Interference, coercion or intimidation. It is unlawful to coerce. intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on ac- 9.14.190 count of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this chap- ter. (Ord. 757 § 2.18, 1992) 9.14.240 Solicitation. it is unlawfid to solicit any owner to sell or rent or list residential property at any time after such person has notice that such owner does not desire to sell, rent, or list such residential property. For the purpose of this section, notice must be provided as follows: A. The notice may be given by the owner personally or by a third party in the owner's name, either in the form of an individual notice or a list, provided it com- plies with subsection B of this section; B. Such notice shall be explicit as to whether each owner on the notice seeks to avoid both solicitation for listing and sale, as well as the period of time for which any avoidance is desired. The notice shall be dated and either of the following shall ap- ply: 1. Each owner shall have signed the notice, or 2. The person or entity preparing the notice shall provide an accompanying affi- davit to the effect that all the names on the notice are, in fact, genuine as to the identity of the persons listed and that such persons have requested not to be solicited as indicat- ed; C. The individual notice or notice in the form of a list with accompanying affidavit shall be served personally or by certified or registered mail, return receipt requested. (Ord. 757 § 2.19, 1992) 204 -11 (Lamont 2-93) 9.14.250 Article III. Prohibited Discriminatory Acts Affecting the Handicapped 9.14.250 Additional unlawful discriminatory practices. In addition to those prohibited acts identified in Articles II and IV, those in Sections 9.14.250 through 9.14.300 shall also be unlawful. (Ord. 757 Art. 3 (part), 1992) 9.14.260 Discrimination against the handicapped. A. It is unlawful to discriminate against any person in the terns, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of A handicap of: 1. That buyer or renter, 2. A person residing in or intending to reside in that dwelling after it is sold, rent- ed, or made available; or 3. Any person associated with that person. B. It is unlawful to make an inquiry to determine whether an applicant for a dwell- ing; a person intending to reside in that dwelling after it is sold, rented or made available; or any person associated with that person has a handicap, or to make inquiry as to the nature or severity of a handicap of such a person. C. However, this section does not pro- hibit the following,inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: 1. Inquiry into the applicant's ability to meet the requirements of ownership or tenancy, 2. Inquiry to determine whether an applicant is qualified for a dwelling avail- (mml 2 -93) 204 -12 able only to persons with handicaps or to persons with a particular type of handicap; 3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of hand- icap; 4. Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; 5. Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance. D. Nothing in this section requires that a dwelling be made available to an individ- ual whose tenancy would constitute a direct threat to the health or safety of other indi- viduals or whose tenancy would result in substantial physical damage to the property of others. (Ord. 757 § 3.1, 1992) 9.14.270 Refusal to permit reasonable modifications. It is unlawful to refuse to permit, at the expense of the handicapped person, reason- able 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 rent- al, the landlord may, where it is reasonable to do so, condition permission for a modifi- cation on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted. (Ord. 757 § 3.2, 1992) 9.14.280 Refusal to make reasonable accommodations in rules and policies. It is unlawful to refuse to make reason- able accommodations in rules, policies, practices, or services, when such accommo- dation may be necessary to afford such person equal opportunity to use and enjoy the dwelling, including public and common use areas. (Ord. 757 § 3.3. 1992) 9.14.290 Failure to construct accessible buildings. It is unlawful to fail to design and con- struct dwellings after March 13, 1992, in such a manner that: A. The public use and common use portions of such dwellings are readily acces- sible to and usable by a handicapped per- son, B. All the doors designed to allow pas- sage into and within all premises within such dwellings are sufficiently wide ' to allow passage by handicapped persons in wheelchairs; and C. All premises within such dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling, 2. Light switches, electrical outlets, thermostats, and other environmental con- trols in accessible locations, 3. Reinforcements in bathroom walls to allow later installation of grab bars. and 4. Usable kitchens and bathrooms such that an individual in a wheelchair can ma- neuver about the space. (Ord. 757 § 3.4, 1992) 9.14.280 9.14.300 Refusal to sell or rent to persons with guide dogs. It is unlawful to refuse to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accom- modation to: A. Refuse to sell or rent after the mak- ing of a bona fide offer, or to refuse to negotiate for the sale or rental of, or other- wise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing or support dog; or B. Discriminate against any blind, hear- ing- impaired, or physically handicapped person in the terns, conditions, orprivileges of sale or rental property, or in the provi- sion of service or facilities in connection therewith, because he has a guide, hearing or support dog; or C. Require, because a blind, hearing - impaired, or physically handicapped person has a guide, hearing or support dog, and extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog. (Ord. 757 § 3.5, 1992) Article IV. Prohibited Discriminatory Acts by Financial Institutions 9.14.310 Prohibited discriminatory acts by financial institutions. In addition to those prohibited acts iden- tified in Articles 11 and III, it is a violation for any financial institution, on the grounds of unlawful discrimination to: 204 -13 (Lenart 2 -93) 9.14.310 A. Deny any person any of the services normally offered by such an institution; B. Provide any person with any service which is different from, or provided in a different manner than, that which is provid- ed to other persons similarly situated; C. Deny or vary the terns of a loan because of race, color, religion, sex, physi- cal or mental handicap, familial status or national origin; D. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area; E. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan; F. Utilize lending standards that have no economic basis; G. Refuse to purchase or impose differ- ent terms or conditions on loans or other debts or securities which support the pur- chase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate because of race, color, religion. sex, physical or mental handicap, familial status or national origin. (Ord. 757 Art. 4, 1992) Article V. Complaints, Conciliation and Hearing Procedures 9.14.320 Complaint -- Procedure. A. Any person aggrieved in any manner by a violation of any provision of this chap- ter may file with the administering agen- cy /administrator a written verified complaint setting forth his or her grievance within one year after the date of the alleged violation. The complaint shall state, on a printed form (L mont2 -93) 204 -14 provided by the administering agency, such detail as to substantially apprise any party properly concerned as to the time, place, and facts surmunding the alleged violations of this chapter. B. A complaint may be filed against any person alleged to be engaged, to have en- gaged, or about to engage in a discriminato- ry housing practice. C. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his or her author- ity as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice. (Ord. 757 § 7.1, 1992) 9.14.330 Complaint— Notice. A. Within ten calendar days after a complaint has been received or initiated by the administering agency or the administra- tor, the administering agency shall serve or cause to be served, either in person or by certified mail, a copy of the complaint on the person alleged to be in violation of this chapter, hereinafter referred to as the re- spondent. B. The administrator shalt also, within ten days of the date on which the complaint was filed, send written notice to the com- plainant informing the complainant of his or her option to file. a complaint with U.S. HUD, the Illinois Human Rights Depart- ment, federal or state courts, including the dates within which the complainant may exercise such options. (Ord. 757 § 7.2. 1992) 9.14.340 Complaint — •Injunctive temporary relief. A. At any time after a complaint is filed and determined to constitute a violation of this chapter, the administering agency may petition the appropriate court for temporary relief, pending final determination of the proceedings under this chapter, including an order or degree restraining the respondent from doing or causing any act which would render ineffectual a recommendation with respect to the complaint. Such petition shall contain a certification by the administering agency /administrator that the particular mat- ter presents exceptional circumstances in which irreparable injury will result from a violation of this chapter in the absence of temporary relief. B. The petition shall be filed in the circuit court for the county in which the respondent resides or transacts business or in which the alleged violation took place. C. When the petition is based upon a civil rights violation as defined in this chap- ter, any relief or restraining order entered by the court shall not exceed five days unless: 1. A longer period is agreed to by the respondent; or 2. The court finds there is substantial evidence to demonstrate that the respondent has engaged in violations of this chapter. (Ord. 757 § 7.3, 1992) 9.14.350 Respondent response. A. The respondent shall serve a verified copy of his or her response to all allegations contained in the complaint within ten 9.14.330 calendar days of the date on which respon- dent was served a copy of the complaint. B. The administrator shall issue a notice of default directed to any respondent who fails to file a verified response to a com- plaint within ten calendar days of the date on which the complainant was served, un- less the respondent can demonstrate good cause as to why such notice should not be issued. (Ord. 757 § 7.4, 1992) 9.14.360 Complainant response. Within ten calendar days of the date he receives the respondent's response, the complainant may file his reply to the re- sponse. If he chooses to file a reply, the complainant shall serve a copy of the reply on the respondent or his representative. A party shall have the right to supplement his response or reply at any time that the investigation of the complaint is pending. (Ord. 757 § 7.5, 1992) 9.14.370 Investigation of complaint. A. The administering agency shall order a prompt investigation of the complaint, completing such an investigation within one hundred calendar days after the filing of the complaint. B. Unless it is impossible to do so, upon review of the report and within one hundred calendar days after the filing of the com- plaint, the administrator shall determine whether there is substantial evidence that the alleged ordinance violation has been committed or is about to be committed. C. If the administering agency is unable to make the determination within one hun- dred calendar days after the filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so. 204 -15 (L rant 2.93) 9.14.370 D. If the administering agency deter- mines that there is no substantial evidence, the complaint shall be dismissed and the complainant notified that he or she may seek review of the dismissal order before the adjudicative agency. The complainant shall have thirty calendar days from receipt of notice to file a request for review by the adjudicative agency. The adjudicative agen- cy shall: 1. Uphold the finding of insubstantial evidence; or 2. Reverse the finding of insubstantial evidence and remand the complaint of the administering agency for conciliation. E. If the administering agency deter- mines that there is substantial evidence it shall immediately notify the parties and schedule a conciliation meeting. (Ord. 757 § 7.6, 1992) 9.14380 Conciliation — Procedure. A. During the period beginning with the filing of a complaint and ending with a dismissal or a referral to the adjudicative agency, the administering agency or admin- istrator shall, to the extent feasible, engage in conciliation with respect to such com- plaint. B. If the administrator determines: 1. That conciliation is feasible, the complainant and respondent shall be noti- fied of the time and place of the concilia- tion meeting by registered or certified mail at least seven calendar days prior thereto and both parties shall appear at the meeting in person or by attorney; or 2. That attempts at conciliation would not further the objectives of this chapter, or that the complaint cannot be resolved by conciliation, the administrator shall report a-nwl 2 -93) 204 -15 and transfer the complaint and filings to the adjudicative agency. C. The administrator shall attempt by all accepted methods of conciliation and lawful persuasion to resolve the grievance delineat- ed in the complaint. D. Nothing occurring at the conciliation meeting shall be made public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this chapter unless the complainant and respon- dent agree in writing that such disclosure be made. E. An agreement arising out of such conciliation shall be treated as a settlement pursuant to Section 9.14.380 of this chapter. F. A conciliation may provide for bind- ing arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award relief as provided for in this chapter. (Ord. 757 § 7.7, 1992) 9.14.390 Hearing on complaint. A. Within fifteen days of receiving a complaint from the administering agency, the adjudicative agency shall, upon due and reasonable notice to all parties, schedule a public hearing on the complaint. The public hearing shall be scheduled no sooner than thirty days from the date of the notice, nor later than sixty days from the date of the notice. B. All parties shall be entitled to be represented by legal counsel, and shall have the right to call witnesses in their own behalf and to cross- examine witnesses. All parties to the proceedings may apply to the adjudicative agency to have subpoenas is- sued in the name of the adjudicative agency. Testimony taken at the conference/ hearing shall be made under oath affirma- tion and a transcript shall be made and filed in the office of the administering agen- cy /administrator. (Ord. 757 § 7.8, 1992) 9.14.400 Report and decision. A. The adjudicative agency shall issue a written report within thirty days of the conclusion of the public hearing. The re- port/decision shall include a summary of the testimony, exhibits admitted into evidence, and a finding of whether a violation of the chapter was proven by a preponderance of the evidence. The report/decision shall also contain a recommendation/order of the relief that may include one or more of the ele- ments provided for in Sections 9.14.390 through 9.14.400. B. If the administering agency deter- mines that a respondent has not complied in a timely manner with the decision, the administrative agency shall refer the matter to the municipal attorney who shall seek judicial enforcement of the decision. (Ord. 757 § 7.9, 1992) 9.14.410 Settlement of complaint. A. Circumstances. A settlement of any complaint may be effected at any time prior to a decision/report by the adjudicative agency upon agreement of the parties and the approval of the adjudicative agency. B. Settlement. Each settlement agree- ment shall be made public unless the com- plaint and respondent otherwise agree and the administrator determines that disclosure is not required to further the purpose of this chapter. C. Form. Settlements of complaints prior to the issuing of a report/decision shall be issued in writing by the administrator, 9.14.390 signed by the parties, and submitted by the administrator to the adjudicative agency. A Settlement Violation. When either party alleges that a settlement order has been violated, the administrator shall con- duct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the administra- tor shall refer the matter to the municipal attorney for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the alleged violation took place. (Ord. 757 § 7.10, 1992) Article VI. Violation -- Penalty 9.14.420 Violation— Penalty. Any person violating any provision of this chapter may be directed to: A. Cease and desist from any violation of this chapter, B. Pay a civil penalty to vindicate the public interest: 1. In an amount not exceeding ten thousand dollars if the respondent has not been adjudged to have committed any prior violations of any provision of this chapter 2. In an amount not exceeding twenty - five thousand dollars if the respondent has been adjudged to have committed one other violation of this chapter during the five -year period prior to the filing date of the current complaint, 3. In an amount not exceeding fifty thousand dollars if the respondent has been adjudged to have committed two or more violations of this chapter during the seven - year period prior to the filing date of the current complaint. (Ord. 757 § 8.1, 1992) 2(A-17 4. mont 2 -93) 9.14.430 9.14.430 Additional penalties. In addition to the penalties and fines delineated in Section 9.14.390 of this chap- ter, the adjudicative agency may undertake additional actions, including but not limited to the following: A. Directing the respondent to pay com- pensatory/actual damages (including damag- es to compensate for mental anguish), puni- tive damages, attorney fees and costs; B. Directing the respondent to provide other equitable relief including, but not limited to, access to the dwelling, the provi- sion of the services or facilities in connection with a dwelling, or other specif- ic relief, C. Directing the respondent to provide other injunctive relief appropriate to the elimination of discriminatory housing prac- tices affecting the aggrieved person or other persons; D. Directing the administrator to send copies of the decision/report to the Depart- ment of Professional Registration of the state and recommend appropriate disciplin- ary action, including, where appropriate, the suspension or revocation of the license of the respondent; E. Further, any persons violating any provision of this chapter may also be re- quired to undertake actions to prevent future discriminatory housing practices; to under- take remedial affirmative activities to over- come discriminatory housing practices; or to undertake various report requirements, including but not limited to: L. Requiring the respondent and all of the respondent's brokers, associate brokers, salespeople and agents and employees who are employed as sales or rental agents or have contractual relationship with him and are responsible for sales and /or rental of any (Lemont 2 -93) 204 -18 residential properties, to attend a fair hous- ing training session conducted by U.S. HUD or an agency acceptable to the president and trustees. Such training session shall cover federal, state and local fair housing laws, applicable case law, and real We or role playing situation. Costs of such training session shall be bome by the defendant, 2. Requiring all agents and employees of any respondent. owner and/or manage- ment company to utilize the fair housing logo and slogan in all advertising and tele- phone directories, and on all company sta- tionery, forms, pamphlets and brochures, 3. Requiring all agents and employees of any respondent, owner and/or manage- ment company to post and maintain, in a manner conspicuous to tenants and prospec- tive tenants, buyers and prospective buyers, the fair housing poster and logo, 4. Requiring any respondent owner and/or management company to provide quarterly reports in writing for a period of five years of the names, addresses, race and sex of each prospective buyer /renter who seeks respondent's aid in locating housing and the subsequent showings to each pro- spective buyer /renter and the final disposi- tion. (Ord. 757 § 8.2, 1992) Article VII. Appeal Procedures 9.14.440 Appeal procedures. Any person aggrieved by the decision of the adjudicative agency shall have the right to appeal in accordance with the following procedure: A. First, initial reconsideration by the full board of the adjudicative agency. This appeal shall be initiated by filing with the administrator, within seven calendar days of the decision, a written statement of setting forth specifically the grounds for reconsideration. These grounds shall be supported by argument and served on all parties at the time they are filed with the administrator. The adjudicative agency, after reviewing the statement, shall: 1. Render a revised decision notifying all parties within fourteen calendar days of the filing of the statement for initial recon- sideration, or 2. Issue and serve on all parties a writ- ten order for rehearsing the case, citing the cause and additional evidence, or 3. Uphold the decision; B. Second, appeal to the president and trustees in a case where the adjudicative agency decision has been upheld. The ap- peal shall be initiated within seven calendar days of the initial decision, by filing with the adjudicative agency a written statement as delineated in subsection A of this sec- tion. After reviewing the statement and hearing record, the president and trustees shall: 1. Render a revised decision notifying all parties within thirty calendar days of the filing of the appeal statement, or 2. Issue and serve on all parties a writ- ten order for rehearing the case, citing the cause and additional evidence, or 3. Uphold the decision of the adjudica- tive agency: C. After a decision by the president and trustees the aggrieved person may apply for judicial review under writ of certiorari. (Ord. 757 Art. IX, 1992) 204 -19 9.1A.UO (Lawnt 2.93)