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HomeMy WebLinkAbout1984-05-22 OrdinanceF ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF FIRST AVENUE EXTENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described e 5 s hereby reclassified from its present classification of ID -RS to RS -5, and the boundaries of the RS -5 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described below: Commencing at the southeast corner of the southeast quarter of the southwest quarter of fractional Section 1, Township 19 North, Range 6 West of the 5th Princi- pal Meridian; thence south 89004'17" West, 1305.68 feet, to the southwest corner, of said southeast quarter, of the southwest quarter of fractional Section 1, which is the point of beginning; thence north 00043122' west, 919.45 feet; thence south 89043116" east, 302.29 feet; thence south 00025111' west, 23.47 feet; thence south 25038114" west, 261.75 feet; thence south 04015100" west, 321.25 feet; thence south 18035100" west, 356.00 feet to a point on the south line of said southeast quarter of the southwest quarter of fractional Section 1; thence south 89004'17" west, 40.00 feet, to the point of beginning. Said tract of land contains 3.52 acres more or less. SECTION II. The building inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby au or ze and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in, conflict with the provision of this ordinance are hereby repealed. .b m,feeD IFO 61-5.11W 93S Ordinance No. Page 2 SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE GATE: This Ordi- nance shall a in a ec a ter its final passage, approval and publication as required by law. Passed and approved this ATTEST: CLERKCITY Raehred i Approved ., :Y The Legal Dep,ffr nt I h° ORDINANCE NO. 84-3184 ORDINANCE APPROVING THE FINAL PLANNED DEVELOPMENT HOUSING (PDH) PLAN OF HUNTER'S RUN SUBDIVISION, PARTS 2 AND 3, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The final PDH plan of Hunter's Run Subdivision, Parts 2 and 3, submitted by Hunter's -Run Development Company, is hereby approved and legally described in Attachment A. SECTION II. A variation from the require- ment o�the underlying IS -5 zoning approved as part of this POH plan is a density trade-off, whereby 4.186 acres of parkland are being dedicated to the City of Iowa City to allow development of multi -family housing on Lots 50 and 51 at a density of 5,500 square feet per unit. The overall density, including a proposed parkland, remains well above the required 8,000 square feet per unit. SECTION III. This ordinance shall be in u orce and -effect by law. SECTION IV. REPEALER. All ordinances and par s of -ora of-ornances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This r finance shaTl be in a ec after its final passage, approval and publication as required by law. 22nd da of Passed and approved this Y May, 1984. K e 1 �7 ATTEST Revived & APPYOv°d BY %TZ4 0ral 02 c!' 9129 ATTACHMENT A PART TWO Commencing at the Southeast Corner of the Southwo.st Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Merldiani Thence N0846146"E, 1,150.38 feet to the Center- line of Ronret Road, in accordance with the Final Plat of Hunters Run Subd Lvtsldn. Part One, recorded in Plat Boole 22. Page 53, of trio Records of the Johnson County Recorser'■ Office Thence NO•55112"E. 223.00 feet; Thence 589.041480E. 108.00 feet; Thence 50815'12"W. 190.37 feet to a point on said Centerline of Ronret Road; Thence N74806129"E, 329.64 feet along said Centerline; Thence Northeasterly 161.61• feet along said Centerllne.on a 955.:0 foot radius curve, concave Southeasterly, whose 161.42 foot chord bears N78857121"E; Thence N0857'18"E, 228.55 feet to the Point of Beginning of Part Two of Hunters Run Subdivision; Thence N27803136"W, 61.43 feet; Thence N46801'50"w, 715.58 feet; Thence H39842135"E. 124.50 feet; Thence Northwesterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears N69846132"W; Thence N89815139"W. 41.92 feet; Thence NO'441210E. 201.00 feet; Thence 589815'39"E. 287.01 feet to a point on the 5outhwesteriy Right -of -Way line of Highway 218/518; Thence 546801150"E, 879.58 feet along said Southwesterly Right-^..1-Wiy line to a point on the Elea. line of the West twenty-five (251 acres of the Northwest Quarter of the Southeast Quarter (HWa, SEJ) of said Section 18; Thence 50857'18"W, 529.90 reet along said East :ine to a point on the Centerline of said Rdhret Road; Ttence N139e08'32"W, :32.72 feet along, said Centerline; Thence Northwesterly 5.28 feet along said Centerline 'in a 955.00 foot radius curve, concave Southwesterly, whose 5.28 foot chord bears H89818103"W; Thence N0857.18"E. 223.01 feet; Thence W90000100"W, 112.00 feet to the Point of Beginning. Said tract of land contains 9.24 acres more or less and is subject to easements and restrictions Or record. PART THREE - Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the SCh. Principal Meridiani Thence N0846146"E, 1,150.38 feet to the Center- line of Rohret Road,in accordance with the Final Plat of Hunters Riun Subdivision, Part One, recorded in Plat 900le 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence .40855112"E, 223.00 feet to the Paint of Beginning of Part Three of Hunters Run Sub- division; Thence N46001150"W, 139.47 feet; Thence N12816'S0"W, 146.95 feet; Thence 179.46'50"W, 139.73 feet; Thence N46001150"W, 121.19 feet; Thence N6000150"W, 213.04 feet; Thence South- westerly 26.52 feet along a 225.00 foot radius curve,coneave Northwesterly, whose 26.50 foot chord bears 587021'45"Wi Thence N99815139"W, 27.33 feet; Thence N0844'21"E, iB5.00 feet; Thence 529815'39"E, 10.0o feet; Thence N0844'21"E, 201.00 feet; Thence 589815139"E, 298.08 feet;Thence 50844121"W, 66.00 feet; Thence 589.15139"E, 41.92 feet; Thence Southeasterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears 569846'32"E; Thence S39°42'35"W, 124.50 feet; Thence 546801'50"E, T15.59 feet; Thence 527'03136"E, 61.43 recti Thence 50857'18"W, 228.55 feet to a point on the Centerline of Ronret Road; Thence South- westerly 161.61 feet along said Centerllne on a 955.00 foot radius curve, concave Southeaster- ly, whose 161.42 foot chord bears 578857121"W; Thence 574806128"W, 329.64 feet along said Centerline; Thence .40855'12"E, 190.37 feet; Thence N89804048"W, 108.00 feet to the Point of Beginning. Said tract of land contains 14.37 acres more or less and is subject to easements and restrictions of record. 939 It was moved by Ambrisco and seconded by Dickson that the Or finance as reada adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER g DICKSON X ERDAHL X MCDONALD X STRAIT T- ZUBER First consideration 4/24/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 5/8/84 Vote for passage Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Date published 5/30/84 9W ORDINANCE NO.84-3185 AN ORDINANCE REPEALING CHAPTER 18 "HUMAN RIGHTS" AND ENACTING NEW CHAPTER 18 "HUMAN RIGHTS" OF THE IOWA CITY CODE OF ORDI- NANCES PROHIBITING CERTAIN ACTS OF DISCRIMINATION, PROVIDING FOR ITS ENFORCE- MENT, AND FOR JUDICIAL REVIEW. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. -PURPOSE. The purpose of this Ordinance is to provide protection for the citizens- of the City against discrimina- tion as defined in this Ordinance. SECTION II. REPEALER. Chapter 18 of the Iowa yCo e o rdinances is hereby repealed. SECTION III -- ARTICLES I II AND III. is r nance s su v e 1nto Articles I'II and III as follows: ARTICLE I. IN GENERAL Sec. 18-1. Definitions. As used in this chapter the following terms shall have the meanings indicated: AGE means chronological age of any person who has reached the age of 18 or is considered by law to be an adult. CITY ATTORNEY shall mean the duly appointed attorney for the City or such person designated by him/her. COMMISSION shall mean the Iowa City Human Rights Commission. COMPLAINANT means a person who has filed a report of discrimination as provided for by section 18-37 of this chapter. COMPLAINT means a report of discrimi- nation provided for by section 18-37 of this chapter. CONCILIATION TEAM shall mean a team of two (2) members or more of the Commis- sion appointed to conciliate cases on which probable cause has been found. COURT means the district court in and for the judicial district of this state in which the alleged unfair or discriminatory practice occurred, or any judge of such court if the court is not in session at this time. 9V s i Ordinance No. 84-3185 Pag-1 CREDIT TRANSACTION means any open or closed end credit transaction including but not limited to a loan, retail install- ment transaction, credit card issue or charge, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such discredit is extended in the regular course of any trade or commerce. DEPENDENT means any person, regard- less of age, who resides in a household and who derives primary care or support from that household. DISABILITY means the ._physi,cal or mental condition of a person which constitutes a substantial handicap. A disabled individual is any person who 1) has a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) has a record of such impairments, or 3) is regarded as having such impairment. ELDERLY means any person who has attained the age of 55 years wherever that term is used in this ordinance. EMPLOYEE includes every person who works for wages, salary, or commissions or any combination thereof, and, in context, the term also incudes those who are seeking or applying for employment. EMPLOYER includes all persons, wherever situated, who employ one or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere. The term includes the city itself, and all other political subdivisions, public corporations, governmental units conduct- ing any . activity within the city, and Public agencies or corporations. EMPLOYMENT AGENCY means any person undertaking to procure employees or opportunities to work for any other person. HOUSING ACCOMMODATION includes any improved or unimproved real estate which is used, capable of being used, or intended to be used as a permanent or temporary residence or sleeping place for one or more persons whether by sale, lease, or otherwise. It specifically includes lots suitable for single- or multi -family residential development. y(os Ordinance No. 84-3185 Pac" HOUSING TRANSACTION means the sale; exchange, rental or lease of real property j or housing accomnodation and the offer to sell; exchange, rent or lease real property. INVESTIGATOR means a person appointed by the city manager with the consultation of the Commission, to investigate com- plaints filed in accordance with this j chapter. LABOR ORGANIZATION means any organi- zation which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms; or conditions of employment, or of othermutual aid .or protection•in connection with employment. MARITAL STATUS means condition of being_ married; single; divorced; sepa- rated, or widowed. PERSON means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receiv- ers, the city or any board, commission, department; or agency thereof, and all If other governmental units conducting any activity in the city: PUBLIC ACCOMMODATION means each and every place; establishment; or facility of whatever kind; nature; or class that caters or offers services, facilities, or goods to the general public for a fee or charge. Each and every place; establish - meet, or facility that caters or offers services; facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establish- ment, or facility which is by _its nature distinctly private, except that, when such distinctly private place', establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously; it shall be deemed a public accommodation during such period: PUBLIC ASSISTANCE SOURCE OF INCOME means income and support derived from any tax supported federal, state or local funds, including but not limited to social security, supplemental security income; 106.5- Ordinance No. 84-3185 Pag aid to families with dependent children, food stamps, rent subsidies, and unemploy- ment compensation; RESPONDENT means a person who is alleged to have committed an act prohib- ited by this chapter, against whom a complaint has been filed, as provided by this chapter. SEXUAL ORIENTATION means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex or with a consenting adult of the opposite sex. Sec 18-2. Purpose. It is the purpose of this chapter to protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the city of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and the promo- tion of cooperation between the city and the state and federal agencies enforcing these acts. Sec. 18-3--18-15. Reserved. ARTICLE II. COMMISSION Sec. 18-16. Established; duties generally. There is hereby established the Iowa City Human Rights Commission whose duty it shall be to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 18-17. Powers. The Commission created by this article shall have the following powers: (a) To receive, investigate, and finally determine the merits of complaints allegingunfair or discriminatory practices. (b) To investigate and study the exis- tence, character, causes, and extent of discrimination in the areas covered by this chapter and eliminate discrimination by education, con- ciliation, and enforcement where necessary. (c) To issue publications and reports of the research and investigations of the Commission subject to limitations of confidentiality. 96.s ordinance No. 84-3185 Pae" (d) To prepare and transmit to the city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings. conducted and the outcome thereof, decisions rendered, and the other work per- formed by the Commission. (e) To make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. (f) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both . public. .and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. (g) To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. (h) To make recommendations to the city manager and city council regarding the affirmative action program of the City and to offer assistance to city departments as will insure fair employment procedures and the provision of city services without bias. Sec. 18-18. Structure. The Commission shall consist of nine (9) members, appointed by vote of the city council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remain- der of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the city. . Sec. 18-19. Records to be public; excep- tions. (a) All records of the Commission shall be public, except: (1) Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investi- 96s Ordinance No. 84-3185 Pag gation of any charge shall be closed records. unless a public hearing is held. (2) The minutes of any session which is closed under the provisions of this chapter shall be closed records. (b) No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discrimi- natory or unfair practice by confer- ence, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation'. Nothing in' this provision shall prevent, however, the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforce- ment of civil rights legislation: This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of'. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. - Secs emoval:Secs: 18-20--18-30. Reserved. ARTICLE III: DISCRIMINATORY PRACTICES Sec: 18-31: Employment; exceptions: (a) It shall be unlawful for any employer to refuse to hire, accept, register, classify, ' upgrade or refer for employment, or to otherwise discrimi- nate in employment against any other person to discharge any employee because of age, color-, creed, disability, marital status, national origin, race, religion, sex, or sexual preference. (b) It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, 96s i i Ordinance No. 84-3185 Pag apprenticeship or training or any member in the privileges, rights, or I benefits of such membership, appren- ticeship or training because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation of such applicant or member. (c) It shall be unlawful for any em- ployer',' employment agency, labor organization, or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objection- able, or not solicited for employment or membership because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (d) The following are exempted from the provisions of this section: (1) Any bona fide religious institu- tion or its educational facil- ity, association, corporation or society with respect to any I qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institu- tion, shall be presumed to be a bona fide occupational qualifi- cation. (2) An employer or employment agency which chooses to offer employ- ment or advertise for employment to only the disabled or elderly. Any, such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status,_national origin, race, religion, sex, or sexual orientation. 965 11. i Ordinance No. 84-3185 Pagr—R (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family. (5) To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal opera- tion of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly: (6) Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classifi- cation which serves a bona fide public purpose shall be permis- sible. (7) To employ on the basis of disability in those certain instances where presences of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualifi- cation shall be interpreted narrowly: Sec. 18-32. Housing; exceptions. (a) It shall be unlawful for any person to: (1) Refuse to engage in a housing transaction with any other person because of age, color, creed, disability; marital status, national origin, ace, religion; sex, sexual orienta- tion, presence or absence of dependents, or public assistance source of income. (2) Discriminate against any other person because of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of 965- 9 ■ or'�3nce No. 84-3185 Pago 9 dependents, or public assistance source of income; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly adver- tise, or in any other manner indicate or publicize in any real estate transaction that any person because of age, color, ,creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of dependents, or public assistance source of income is not welcome, objectionable, or not solic- ited. (4) Discriminate against the lessee _ or purchaser of any real property or housing accommodati- on or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or acconmodati- on, because of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of dependents, or public,assistance source of income of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (b) The following are exempted from the provisions of this section: (1) Any bona fide religious institu- tion with respect to any quali- fication it may impose based on religion when such qualifica- tions are related to a bona fide religious purpose. (2) The rental or leasing of four (4) or fewer rooms within an owner -occupied rooming house in which renters pass through the owner's living area. 9�s Ord—ince Ho, 84-3185 Pay ..,i0 (3) Restrictions based on sex or the presence or absence of depend- ents in the rentg@l or leasing of housing acco*odations by non-profit corporations. (4) Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (5) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations within an owner -occupied dwelling of four or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. (6) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations where the owner occupied the premises, or some portion thereof, and actually resided therein as of the effective date of this ordi- nance. Owner, for the purposes of this exemption, shall be defined as a 'person having at least a 50% interest in the property. (7) Rental or leasing of housing accommodations where 75% or more of the persons residing therein are 55 years of age or older or are disabled as that term is defined in this ordinance. Provided that these qualifica- tions are met, such accommoda- tions may be designated specif- ically for the elderly and/or disabled subject to the require- ments of Section 18-32(d). (c) This section does not create an affirmative duty to remove barriers for the handicapped in excess of the requirements of Chapter 104A, of the Code of Iowa. (d) Housing accommodations may be designated specifically for the elderly and/or disabled. However, such housing accommodations may not 9GS ;I Ore—ince No. 84-3185 Pag,--11 otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designations of such restrictions shall be made part of any rental property on file with the City of Iowa City. Designations shall be in writing on forms provided by the City and shall be in effect until changed but shall apply for a minimum period of one year. Sec. 18-33. Public accommodations; exceptions. (a) It shalt be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful to directly or indirectly advertise or in any manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of age, color,, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) This 'section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. (d) Public accommodations may be desig- nated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disabil- ity, marital status, national origin, race, religion, sex, or sexual orientation. 96s Ordinance 140.84-3185 Pav—+2 Sec: 18-34. Credit transactions; excep- tions'. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, disability; marital status, national origin, race, religion, sex, or sexual orientation. (c) It shall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, disability - marital status, national origin, race, religion, sex or sexual orientation: Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting consideration not prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this ordinance. (d) The following are exempted from this section: (1) Refusal to enter into any consumer credit transaction covered above shall not be a discriminatory practice if such 96s Ordinance No. 84-3185 Pag",3 denial is based on a fair and reasonable determination of credit -worthiness or ability to comprehend the transaction: Sec. 18-35. Aiding or abetting. It shall be a violation of this chapter for any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory practices by this article. Sec. 18-36. Retaliations or reprisals. It shall be a violation of this chapter for any person to discriminate against another person because such person has either lawfully opposed any discrimi- natory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. Sec. 18-37. Report. (a) The following procedures are the only authorized methods for reporting a discriminatory practice to the Commission: (1) Any person claiming to be aggrieved by discriminatory practice within the city limits may by himself/herself or by his/her attorney, make, sign, and file with the Commission a verified written complaint which shall state the name and address of the person, employer, employment agency, or business organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the circumstances under which the discriminatory practice took place, the date, and shall contain such other information as may be required by the Commission. (2) The Commission, a commissioner, a city attorney, the state civil rights commission, or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. 96S Ord nance No.84-3185 Pa, 14 i (b) Any complaint filed under this ordinance shall be so filed within one hundred eighty (180) days after the most recent act constituting the alleged discriminatory practice. (c) A verified copy of a complaint filed with the state civil rights commis- sion under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter, if it alleges either in the text thereof or in accompany- ing statements that the alleged discriminatory practice occurred within this city. Sec. 18-38. Investigation of complaints. (a) After the filing 'of a complaint, a true copy thereof shall be served within 20 days by registered mail to the person against whom the complaint is filed. Then a commissioner, the investigator, or another duly authorized member of the commission's j staff, shall make a prompt investiga- tion of the complaint. (b) Upon application, the commission may issue subpoenas requiring a party to appear or to produce books, docu- ments, and records which may be relevant to the alleged discriminat- ing practice. The Commission may issue subpoenas if if finds the following to be true: (1) The subpoena is necessary to carry out a public hearing of the Commission; or (2) The respondent fails to provide information relevant to the investigation and the investiga- tor is unable to proceed without specific materials. (c) The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has committed a discriminatory practice and shall file a detailed report with the city attorney. After completion of this determination, the city attorney shall send to the commission, a written statement of reasons as to whether or not probable cause exists to believe that a discriminatory practice occurred as alleged by the complainant. L?4�.s- OrOAance No. 84-3185 Pa 15 t (d) At any time after the initial filing of a complaint of unfair or discrimi- natory practice, but before the investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint through the use of a predetermination settlement if such settlement is in the interest of the complainant. Predetermination settlements shall be subject to review by the Commission Chairperson: Sec. 18-39. Results of investigation; action to be taken: j (a) Finding of no probable cause. After an investigation under this article: (1) If the investigator finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs with that finding, he/she shall report the same to the Commission. If designated I: members of the Commission agree that no probable cause does exist, it shall notify the parties.in writing by certified mailing, return receipt re- quested, of the findings and of the complainant's right to appeal therefrom. If they disagree as to no probable cause, they shall make the final determination on probable cause and proceed as provided in this chapter. (2) If the complainant fails to object to the finding of no probable cause within ten (10) days of receipt of such written notice, the Commission shall close the case. The secretary of the commission shall report this finding to the civil rights commission: (3) If the complainant objects in writing to the finding of no probable cause within ten (10) days of receipt of such written notice, the designated members of the Commission shall hear his/her evidence in executive session: If they again find no probable cause to believe that 905' Ordinance No.84-3185 Paf' 16 the person charged has committed a discriminatory practice, they shall declare the case closed. After appeal, if they find probable cause to exist, they shall proceed as provided in this chapter. (4) If the investigator and city attorney disagree as to probable cause, the designated members of the Commission shall make the final determination on probable cause and proceed as provided in this chapter. (b) Finding of probable cause. After an investigation under this article: (1) If ' the investigator finds probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs in that finding, then those members of the Commission designated as conciliators should make an independent evaluation as to the determina- tion as to whether probable cause exists before proceeding with the conciliation. (2) Upon the finding of probable cause to believe that the person charged has committed a dis- criminatory practice, a con- ciliation team shall promptly endeavor to eliminate such discriminatory or unfair practice by conference, con- ciliation, and persuasion in accordance with remedies provided in section 18 -40 - Section 18-40. Conciliation results. (a) If the conciliation team is able to effectuate a disposition agreeable to the complainant, the person charged, and the conciliation team, such disposition shall be reduced to a written stipulation and executed by the parties and the agreement reported to the Commission. (b) If the person charged and the conciliation team agree to a disposi- tion but the complainant fails to agree, the team shall report the matter to the designated members of the Commission in executive session. 10 %T Ordinance No.84-3185 Par's 7 1 _ W (d) If the designated members of the Commission accept the conciliation agreement presented by the concilia- tion team and the person charged; they shall close the case (subject to continuing supervision of the charged party as provided in the agreement) and communicate the terms of the agreement to the state civil rights commission. This shall not prevent the complainant from taking other action as provided by law. If however, they reject the conciliation agreement, they may direct that further attempts at conciliation be made or_ proceed as provided in this chapter. If the complainant and the person charged reach a mutually agreeable disposition of the complaint, but the conciliation team does not wish to ratify such agreement; the complain- ant and the person charged may proceed according to the terms of their agreement with no further involvement by the conciliation team and the Commission shall thereafter close the case. Such action shall not; however; in any way; prevent the complainant and the person charged; from subsequently filing a new complaint against the person charged concerning the same alleged discrimi- natory practice. The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement; to take remedial action which, in the judgment of the Commission, will carry out the purposes of this act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Viola- tion of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the Commission of the violation, at any time within six months of its occurrence. In all cases where a conciliation agreement is entered into, the Commission shall issue an gj�.S I Ordpance No. 84-3185 Pac 8 �. order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Commission deems proper. At any time in its discre- tion, the Commission may investigate whether the terms of the agreement are being compiled with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Commission shall take appropriate action to assure compli- ance. (e) For the purposes of this subsection and pursuant to the. provisions. of this chapter "remedial action" includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compen- sation shall operate to reduce the pay otherwise allowable. (2) Admission or restoration of individuals to a labor organiza- tion, admission to or participa- tion in a guidance program, ap- prenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. (3) Admission of individuals to a public accommodation or an educational institution. (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual. (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the dis- criminatory or unfair practice. (6) Reporting ,as to the manner of compliance. (7) Posting notices in conspicuous places in the respondent's place of business in a form prescribed ... OrdjAance No. 84-3185 Pac ,9 by the Commission and inclusion of notices in advertising material. (8) Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. (9) In addition to the remedies in the preceding provisions of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this chapter as follows: (a) In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the Commis- sion, upon notice to the respondent with an opportu- nity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commis- sion shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee discipli- nary procedures. 96S Ordigance No. 84-3185 Pac 0 (b) In the case of a respondent who is found by the Commis- sion to have engaged in a discriminatory or unfair practice in the course of performing under a contract or submarine with the state or political subdivision or agency, if. the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board or executive agent acting within the scope of his or her employment, the Commis- sion shall so certify to the contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimina- tion is binding.. on the contracting agency. (c) Upon receiving a certifica- tion made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this act; and assist the state and all political subdivi- sions and agencies thereof to refrain from entering into further contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall not bar the election of affirmative remedies provided in ..paragraph (1) of this subsection. Section 18-41. Proceedings upon failure to conciliate. (a) If the conciliation team is unable to effectuate a disposition agreeable to the parties within ninety (90) days, it shall file a report of no con- Ordinance No. 84-3185 Pa( '1 ciliation with the Commission and report what further action as provided herein should be taken. (b) A conciliation team may recommend: (1) That no further action be taken thus closing the case. (2) That the Commission cause to be served a written notice requir- ing the respondent to answer the charges of such complaint at a hearing before the Commission. Sec. 18-42. Notice and hearing. (a) In case of failure to satisfactorily settlea complaint by conference, conciliation; and persuasion, the Commission may issue and cause to be served a'written notice together with a copy of such complaint; as the same may have been amended, requiring the person charged to answer such complaint in writing within ten (10) days after the date of such notice or within such extended time that the Commission may allow. (b) When the conciliation team is satisfied that further endeavor to conciliate would be futile, the team shall report the same to the Commis- sion. If the Commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the person charged to answer the charges of such complaint at a hearing before the Commission or such other person designated by the Commission to conduct the hearing, hereafter referred to as hearing examiner, and at a time and place to be specified in such notice. (c) The case in support of such complaint shall be presented at the hearing by the city attorney or his/her agent. The members of the Commission who investigated or attempted to concili- ate the complaint shall not partici- pate in the hearing except as a witness nor shall they participate in the deliberations of the Commission in such case. (d) The person charged may file a written verified answer to the complaint, and may appear at the hearing in person, with or without counsel; and submit testimony. In the discretion of the Ordinance No. 84-3185 Pac'_' ,2 hearing examiner; a complainant may be allowed to intervene and present testimony in person or by counsel. (e) When the person charged has failed to answer a complaint at a hearing as provided by this section, the Commission may enter his/her default. For good cause shown, the Commission may set aside an entry of default within ten (10) days after the Commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the Commission may enter such order as in its opinion the evidence warrants. (f) The Commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. (g) The Connission shall not be bound by the strict rules of evidence prevail- ing in courts of law or equity but the right of cross-examination shall be preserved. Plaintiffs shall bear the burden of proving allegations in the complaint. The testimony taken at a hearing shall be under oath, recorded; and, if ordered by the Commission; transcribed. Sec. 18-43. Findings and order: (a) If upon taking into consideration of all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discrimi- natory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission shall carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant; and to any other public officers and persons as the Commission deems proper: A description of possible remedial actions appear in Section 18-40- (b) If, upon taking into consideration of all the evidence at a hearing, the Commission finds that a respondent 9 5- Ordinance No 84-3189 Par 13 , has not engaged in any such discrimi- natory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent: Sec. 18-44: Judicial review; enforcement. (a) The Commission may obtain an order of court for the enforcement of Commis- sion orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county. (b) Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. Thereupon the Commission shall file with the court a transcript of .the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such tran- script an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the Commission, in whole or in part. (c) An objection that has not been urged before the Commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (d) Any party to the enforcement proceed- ing may move the court to remit the case of the Commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the Commission: (e) The Commission's copy of the testi- mony shall be available to all parties for examination at all (0.45r 1 Ordinance No. 84-3185 Pal M reasonable times, without cost, and for the purpose of judicial review of the Commission's orders. (f) The Commission may appear in court by the city attorney or his/her desig- nee. , (g) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the Commission, the Commis- sion may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to jurisdiction of the Commission and resides or transacts business -with the county. Passed and approved. this .22nd .. day of 96s _ ._ I^ It was moved by and seconded by Baker that the r finance as rea be'adopted and upon roil call there were: AYES: NAYS: ABSENT: First consideration Vote for passage: AMBRISCO _ BAKER DICKSON �- ERDAHL MCDONALD X STRAIT —X- ZUBER Second consideration 5/8/84 Vote for passage Moved by Dickson, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and that second consideration be given at this time. Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published 5/30/84 gas Ord' ,,nce No. Pages i dependents, or public assistance source of income; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly adverb tise, or in any other manner indicate or publicize in ly real estate transaction thatperson because of age, co, creed,. disability, matal status, .national origin, dace, religion, sex, sexual or enta- tion'presence or absegce of dependents, or public assstance source of income is not elcome, objectionable, or no solic- ited. (4) Discriminate against he lessee r purchaser of any real roperty or housing ccommodati- on\or part, portion or interest of the real proper y or housing acco odation, or against any prospe tive Jesse or purchaser of the roperty r accommodati- on, bec use o age, color, creed, isab} ity, marital status, na 'on 1 origin, race, religion, se ,� sexual orienta- tion, presen a or absence of dependents, o ublic assistance source of in om hof persons who may from ti to time be present in or on th lesse 's or owner's premises f r lawful\pur oses at the invita ion of the lessee or owner a friends guests, visitors, relatives or\in any similar apacity. (5) Restrict ons based on pr sence or abse a of dependents in the rental or leasing of housing accommo ations within ,�n owner -o cupied dwelling of fou or few r units where the owner occupi s the premises, or some porti n thereof, and actually resid s therein, (6) Rest ictions based on presence or a sence of dependents in the ren al or leasing of housing acc mmodations where the owner occ pied the premises, or some po tion thereof, and actually resided therein as of the �5 Or .nance No. Page 10 effective date of this ordi- nance. Owner, for the purposes of this exemption, shall be defined as a person having at least a 50% interest in the property. (7) Rental or leasing of housing accommodations where 75% or more of the persons residing therein are 55 years of age or older or \ are disabled as that term i defined in this ordinanc . Provided that these qualifi- \tions are met, such accooda- tions may be designated s ecif- ically for the elderly and/or disabled subject to the equire- ments of Section 18-32 ). (b) The following are exempte from the provisions this sectio (1) Any bona fide relig'ous institu- tion with respecto any quali- fication \'t may pose based on religion lwenuch qualifica- tions are r a d to a bona fide religious Pu se. (2) The rental a'r leasing of four (4) or fe4r ooms within an iowner -occupied r oming house in which renters pa through the owner's living are (3) Restrict/ions based on sex or the presence or absence of depend- ents jn the rental oreasing of housjng accomnodati ns by nonprofit corporations. (4) Restrictions based on sex in the reAtal or leasing of housing a commodations within which esidents of both sexes would share a common bathroom facili y on the same floor of t� building. (c)/requirements section does not create an mative duty to remove barriers he handicapped in excess of the of Chapter 104A, of the of Iowa. oung accommodations may be /J designated specifically for the elderly and/or disabled. However, such housing accommodations may not otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, 9Gs Or�.aance No. Page 11 marital status, national origin, race, religion, sex, sexual orienta- tion, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designations of such restrictions shall be made part of any rental property on file with the City of Iowa City. Designations shall be in writing on forms provided by the City and shall be in effect until changed but shall apply for a minimum period of one year. Sec. 18-33. Public accommodati ns; except ons. (a) It shall be unlawful for any person to ny any other person the 411 and equal enjoyment of the! goods, service facilities, privileges, advantag s of any placof public accommoda ion because of age, color, creed, di bility, marital status, national ori in, race,/religion, sex, or sexual ori ntatioq/ (b) It shall be u lawful to directly or indirectly adve tis/e or in any manner indicate or p 6licize that the patronage of p ons is unwelcome, objectionable, or not solicited because of age, color, creed, disability, objection/able, status, national origin, ra e, religion, sex, or sexual ori ntation. (c) This sec on shall not apply to any bona fi religious institution with respect to any qualifications the insti tion may impose baked on religion when such qualifications are related to bona fide religious (d) Public accommodations may be desig- ated specifically for the elderly nd disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disabil- ity, marital status, national origin, race, religion, sex, or sexual orientation. 96s J i : ■ .S�y �. ✓ ,Qca�f. C f7. �sotu�� v a_ ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 18 "HUMAN RIGHTS" AND NACTING NEW CHAPTER 18 "HUMAN RIGHTS" OF THE IOWA CITY CODE/OF ORDINANCES PROHIBITING CERTAIN ACTS OF DISCRIMINATION, PR IDING FOR ITS ENFORCEMENT, AND FOR JUDICIAL REVIEW. BE ENACTED BY THE CITY COUNCIL OF IOWA CITY, WA: SECTIO I. PURPOSE. The purpose of thi Ordinance is to provide protectio for the citizens of the City again t discrimination as defined in this Or 'nance. / II. - PEALER. Chapter 18 of th� Iowa City Code of Ordinances is III. ARTI ES I II AND III This Ordinance is subdivided into I, II and Ias follows: ARTICLE . IN GENERAL Sec. 18-1. Definitions. As used in this chapter the ol<peso ing terms shall have the meanings indicated: AGE means chronological age f anywho has reached the age of 18 or is considered /an to be adult. CITY ATTORNEY mean a duly appointed attorney for the City or such person designahim/ er. COMMISSION shan t e Iowa City Human Rightss Commission. COMPLAINANT mep son who has filed a reportof discrimination as provided for bio 18-37 of this chapter. COMPLAINT meane ort of discrimination provided \for by section 18-37 of this chapte CONCILIATION Thall mean a team of two (2) members or more of the Commission appto conciliate cases on which probable cause has been found. COURT means thtrict court in and for the judicial district of this state in whichalleged unfair or discriminatory practice occurred, or any judge of surt if the court is not in session at this time. CREDIT TRANSACTION means any open or closed end credit transaction including but not limited to a loan, retail installment transaction, credit card issue or charge, and whether for personal or for business 9i°s 2 ^. purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such discredit is extended in the regular course of any trade or commerce. DEPENDENT means any person, regardless of age, who resides in a household and who derives primary care or support from that household. DISABILITY means the physical or mental condition,'of a person which constitutes a substantial handicap. A disabled individual is any person who 1) has a physical or mental impairment whichsubstantially limits one or more of such person's major life activities, -'�2) has a record of such impairments, or 3) is regarded as having such impairment. ELDERLY eans any person who has attained he age of 55 years wherever that term 's used in this ordinance. EMPLOYEE inc des every person who works or wages, salary, or conmissions or any combing ion thereof, and, in co ext, the term also incudes those who are seeking r applying for employ ent. EMPLOYER includes 1 persons, wher ver situated, who employ one or more employees within the city, or who olicit individuals within the city to I apply for employment within the ci y or elsewhere. The term includes the j city itself, and all o er poli ical subdivisions, public corporations, governmental units condu ing y activity within the city, and public iagencies or corporations. EMPLOYMENT AGENCY means any erson undertaking to procure employees or opportunities to work for an o er person. HOUSING ACCOMMODATION inc des a%seior mproved or unimproved real estate which is used; capable of eing uintended to be used as a perma- nent or temporary resid ce or ing place for one or more persons whether by sale, lease or otherwise It specifically includes lots suitable for single- or ulti-family res'dential development. I HOUSING TRANSACTION m ans the sale, exch ppge, rental or lease of real property or housing ac ommodation and the off r to sell, exchange, rent or lease real property. INVESTIGA70R means a person appointed by the city manager with the consultation of t e Commission, to investigate complaints filed in accordance with thi chapter. LABOR ORGANIZATIO means any organization which exists for the purpose in whole or in par of collective bargaining, of dealing with employers concerning griev nces, terms, or conditions of employment, or of other mutual aid or pr tection in connection with employment. MARITAL STATUS means condition of being married, single, divorced, separated, or dowed. PERSON means one or more individuals, partnerships, associations, corpora- tions, legal representatives, trustees, receivers, the city or any board, commission, department, or agency thereof, and all other governmental units conducting any activity in the city. 96s 3 i i PUBLIC ACCOMMODATION means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers serv- ices, facilities, or goods to the general public for a fee or charge. Each and every place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation rec -fives any substan- tial governmental support or subsidy. Public accommod�a ion shall not mean any bona fide private club or other place, estab),Ishment, or facility which is b itsnature distinctly private, exce t that, when such dis- tinctly pr'vate place, establishment, or fac' ity caters or offers services, fa ilities, or goods to the general yy blic for fee or charge or gratuitously, it shall be deemed a public/ accommodation during such period. // PUBLIC ASSISTANCE SOURCE OF INCOME means ncome and support derived from any tax supported deral, state or loca funds, including but not limited to social security, supplemental secu ty income, aid to families with dependent children, od stamps, rent ubsidies, and unemployment compen- sation. RESPONDENT means a person who is a eged to have committed an act prohib- ited by this chapter, again t who a complaint has been filed, as provided by this chapter. SEXUAL ORIENTATION means the status of preferring a relationship of affection or a sexual relation h' with a consenting adult of the same sex or with a consenting adult of the pposite sex. Sec 18-2. Purpose. I It is the purpose of this chapter to otect citizens of the city against r discrimination as defin d in this c apter. Moreover, this chapter provides for execution w thin the city o the policies of the Civil Rights Act of 1964 and the ederal Civil Rig is Acts and the promotion of cooperation between th city and the state nd federal agencies enforcing i these acts. Sec. 18-3--18-15. R erved. ARTICLE II. COMPENSATION Sec. 18-16. Estab ished; duties generally. i There is hereby stablished the Iowa City Human Rights ommission whose duty it shall b to disseminate information and provide\the mediation, conciliation an enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 18-17. Bowers. The Commission created by this article shall have the following powers: (a) To receive, investigate, and finally determine the merits of com- plaints alleging unfair or discriminatory practices. a (b) To investigate and study the existence, character, causes, and extent of discrimination in the areas covered by this chapter and eliminate discrimination by education, conciliation, and enforcement where necessary. (c) To issue publications and reports of the research and investigations df the Commission subject to limitations of confidentiality. (d) ToNprepare and transmit to the city council from time to time, but not Ness often than once each year, reports describing its proceed- ings, investigations, hearings conducted and/the outcome thereof, decisi s rendered, and the other work per fo med by the Commission. (e) To make vlecomnendations to the city counciy for such further legisla- tion concerning discrimination as it mays deem necessary and desir- able. (f) To cooperate, ithin the limits o operation, with other agencies o private, whose urposes are not chapter, and in t planning and eliminate racial, r 1igious, cultr (g) To adopt guidelines by which to behavior, or action ay prop ly tice. (h) To make recommendations ti ing the affirmative actio. tance to city departments and the provision of city Sec. 18-18. Structure. f by appropriations made for its r organizations, both public and inconsistent with those of this onducting of programs designed to al and other intergroup tensions. determine whether any conduct, be deemed a discriminatory prac- city manager and city council regard- Iram of the City and to offer assis- ill insure fair employment procedures :es without bias. The Commission shall consis of nine (9)members, appointed by vote of the city council. Appointees shall serve f C a term of three (3) years and thereafter until a succ sor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration men and women of the\various racial, religious, cultural, social and ec nomic groups in the city. Sec. 18-19. Records t be public; exceptions. \ (a) All records of Oe Commission shall be public,\except: (1) Complaint of discrimination, reports ,of investigations, statemen and other documents or records obtained in investiga- tionof any charge shall be closed records, unless a public hearing is held. (2) The nn lutes of any session which is closed under the provisions of th.s chapter shall be closed records. (b) No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation. Nothing in 9�s 5 this provision shall prevent, however, the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person fro publicizing the filing of a complaint or the matter therein omplained of. Viol atio of these provisions by a member of the mmission or its staff shal constitute grounds for removal. Secs. 18-20--18-30.\ Reserved. ART LE III. DISCRIMINATORY P CTICES Sec. 18-31. Employment; xceptions. (a) It shall be unlawful or any employe to refuse to hire, accept, register, classify, upgr de or refer or employment, or to otherwise discriminate in employmen against a y other person to discharge any employee because of age, c lor, cr ed, disability, marital status, national origin, race, relig n, s , or sexual preference. (b) It shall be unlawful for any la r organization to refuse to admit to membership, apprenticeship or ining an applicant, to expel any member, or to otherwise dis ri nate against any applicant for membership, apprenticeship or traing or any member in the privi- leges, rights, or benefits of suc membership, apprenticeship or training because of age, c lor, cree , disability, marital status, national origin, race, rel gion, sex, r sexual orientation of such applicant or member. (c) It shall beunlawful or any employer, employment agency, labor organization, or the elployees or members thereof to directly or indirectly advertise ff in any other manne indicate or publicize that individuals are nwelcome, objectionable, or not solicited for employment or member ip because of age, colo creed, disability, marital status, nat onal origin, race, religi�\ sex, or sexual orientation. (d) The following are xempted from the provisions of this section: (1) Any bona fid religious institution or its educational facility, association corporation or society with respect to any qualifi- cations fo employment based on religion when such qualifica- tions are elated to a bona fide religious purpose. A religious qualifica ion for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religio s educational facility or religious institution, shall be pres med to be a bona fide occupational qualification. (2) An employer or employment agency which chooses to offer employ- ment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. gas F 6 (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family ✓ (5) To employ on the basis of sex in those certain nstances where sex is a bona fide occupational qualifi tion reasonably necessary to the normal operation of a par icular business or enterprise. The bona fide occupational q lification shall be interpreted narrowly. (6) Not ithstanding the provisions of th's section, a state or fede 1 program the to benefit a specific age classifica- I n w ch serves a bona fide public purpose shall be permissi- ble. (7) TO EMPLOY ON HE BASIS OF OISABIL TY IN THOSE CERTAIN INSTANCES WHERE PRESENCES,OF DISABILITY IS A BONA FIDE OCCUPATIONAL QUALIFICATION RE ONABLY NECESS RY TO THE NORMAL OPERATION OF A PARTICULAR BUSINESS OR ENTERP SE. THE BONA FIDE OCCUPATIONAL QUALIFICATION SHALL�BE INTERP TED NARROWLY. Sec. 18-32. Housing; exception (a) It shall be unlawful for any p son to: (1) Refuse to engage in a ho si transaction with any other person because of age, color, cr d, disability, marital status, national origin, ace relig'on, sex, sexual orientation, presence or absence o dependen s, or public assistance source of income. (2) Discriminate agains any other pe on because of age, color, creed, disability, marital status, national origin, race, religion, sex, s ual orientation, resence or absence of dependents, or pub is assistance source f income; in the terms, conditions or pri ileges of any real esta a transaction. (3) Directly or in irectly advertise, or in any other manner indicate or pub icize in any real estate tr nsaction that any person because f age, color, creed, disability\, marital status, national orig n, race, religion, sex, sexual orientation, presence or a sence of dependents, or public assistance source of income is of welcome, objectionable, or not solicited. (4) Discriminat against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the re property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodati- on, because of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of persons who may from time to time be present in or 9Gs Y I 7 i on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (5) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations within an owner- occupied dwelling of four or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. (6) Rstrictions based on presence or absence of dependents in the re tal or leasing of housing accommodation where the owner occ ied the premises, or some portion t ereof, and actually resid therein as of the effective da of this ordinance. Owner, or the purposes of this exemptio , shall be defined as a I person ha ing at least a 50% interest i the property. (7) Rental or le sing of housing acconmo tions where 75% or more of the persons r iding therein are 55 years of age or older or are disabled as th t term is defined in this ordinance. Provided that these qual'fications are m , such accommodations may be designated speci 'cally for the elderly and/or disabled subject to the requirement of Section 8-32(d). i (b) The following are exempted from th provisions of this section: (1) Any bona fide religious 'ns itution with respect to any qualifi- cation it may impose base on religion when such qualifications are related to a bona fid eligious purpose. (2) The rental or leasing of f r (4) or fewer rooms within an owner-occupied rooming house iwhich renters pass through the owner's living area. \ i (3) RESTRICTIONS BASED SEX OR THE PRESENCE OR ABSENCE OF DEPEND- ENTS IN THE RENTA OR LEASING 0 HOUSING ACCOMMODATIONS BY NON-PROFIT CORPORA IONS. j (4) Restrictions bas d on sex in the rent 1 or leasing of housing accommodations w thin which residents o\both sexes would share a common bathro m facility on the same floor of the building. (c) This section does of create an affirmative du� to remove barriers for the handicappe in excess of the requirements\of Chapter 104A, of the Code of Iowa. (d) Housing accommo tions may be designated specificalll \for the elderly and/or disa�e!, d. However, such housing accommodations may not otherwise betricted among the elderly and/or disabled on the basis of ageolor, creed, disability, marital status, national origin, race, religion, sex, sexual orientation, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designations of such restrictions shall be made part of any rental property on file with the City of Iowa City. 96S 8 Designations shall be in writing on forms provided by the City and shall be in effect until changed but shall apply for a minimum period of one year. Sec. 18-33. Public accommodations; exceptions. i (a) It shall be unlawful for any person to deny any other person the full and ua1 enjoyment of the goods, services, facilities, privileges, advant es of any place of public accommodation because of age, color, reed, disability, marital status, national origin, race, religion, ex, or sexual orientation. (b) It shall be nlawful to directly or indirectly/advertise or in any manner indica or publicize that the pa, onage of persons is unwelcome, ob'e tionable or not solicite because of age, color, J � + creed, disability marital status, nation origin, race, religion, sex, or sexual orifi tation. (c) This section shall no apply to any q na fide religious institution with respect to any q lifications a institution may impose based on religion when such qua lifica ons are related to bona fide I religious purpose. (d) Public accommodations may b de ignated specifically for the elderly and disabled. However, publi accommodations may not be restricted i among the elderly and disabl on the basis of age, color, creed, disability, marital status, ati nal origin, race, religion, sex, or sexual orientation. Sec. 18-34. Credit transactio ; excepti s. (a) It shall be unlawful f r any creditor to refuse to enter into any consumer credit transa tion or to impos finance charges or other terms or conditions re onerous than t QQse regularly extended by that creditor to cons ers of similar econoMy c backgrounds because of age, colo/eeed, d'sability, marital status national origin, race, religion,or s ual orientation. (b) It shall nla ful for any person authorize or licensed to do business is state pursuant to Chapter 524,33, 534, 536, or 536A of td of Iowa to refuse to loan or to exnd credit or to impose ter conditions more onerous than those re ularly extended to personsimilar economic backgrounds because 'of age, color, creed, diity, marital status, national origin, race, religion, sex, or sorientation. (c) It shall lawful for any creditor to refuse to offer credit, life or health accident insurance because of age, color, creed, disabilitrital status, national origin, race, religion, sex or sexual ortion. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting consideration not prohibited by Title XX. . gas 9 i i The provisions of this section shall not be construed by negative i implication or otherwise to narrow or restrict any other provisions of this ordinance. (d) The following are exempted from this section: (1) REFUSAL TO ENTER INTO ANY CONSUMER CREDIT TRANSACTION COVERED ABOVE SHALL NOT BE A DISCRIMINATORY PRACTICE IF SUCH DENIAL IS BASED ON A FAIR AND REASONABLE pETERMINATION OF CR T -WORTHINESS OR ABILITY TO COMPREHEND E TRANSACTION. Sec. 18-35. Aid' g or abetting. i It shall be a viol tion of this chapter for a y person to intentionally aid, abet, compel, r coerce another perso to engage in any of the practices declared to constitute discriminato y practices by this article. Sec. 18-36. Retaliation or reprisals. It shall be a violation of this chapte for any person to discriminate against another person becau such per n has either lawfully opposed any 1 discriminatory practice forbi den by is article, obeyed the provisions of this chapter, or has filed comp int, testified, or assisted in any s proceeding under this chapter. t Sec. 18-37. Report. j (a) The following procedures ar th only authorized methods for report- ing a discriminatory practi a to a Commission: (1) Any person claiming o be aggr ved by discriminatory practice within the city li its may by imself/herself or by his/her attorney, make, si n, and file with the Commission a verified written complaint hich shall state the name and address of the person, employer, employment agency or business organization all to have ommitted the discrim story or unfair practice r of which ha' ned, shall set forth the or under which the disc iminatory practice took place, the date, and shall contain uch other information as a\be required by the Commission. (2) The Commissi a commissioner, a city attorney, the state civil rights comm, sion, or any other person aware of the existence of a discriMir tory practice may in like manner make, sign, and file such omplaint. (b) Any complaint iled under this ordinance shall be so filed within one hundred eight (180) days after the most recent act constituting the alleged discr minatory practice. (c) A verified copy of a complaint filed with the state civil rights commission under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter, if it alleges either in the text thereof or in accompanying state- ments that the alleged discriminatory practice occurred within this city. 9G.s ■ 10 Sec. 18-38. Investigation of complaints. (a) After the filing of a complaint, a true copy thereof shall be served within 20 days by registered mail to the person against whom, the complaint is filed. Then a commissioner, the investigator, or another duly authorized member of the commission's staff, shall make a prompt investigation of the complaint. i (b) Upon application, the commission may issue/subpoenas records wh ch irinmay party to appear or to produce books, docume s, an be relevant to the alleged discriminating practice. The Commission i may issue subpoenas if if finds the follo ing to be true: i (1) The su oena is necessary to carr out a public hearing of the Comnissi ; or (2) The respon Int fails to pro v de information relevant to the i i• investigatio and the investi ator is unable to proceed without specific mater'als. (c) The investigator sha 1 determi a whether probable cause exists to believe that the pers n char ed in the complaint has committed a discriminatory practice and hall file a detailed report with the city attorney. After pi tion of this determination, the city attorney shall send to the mmission, a written statement of reasons as to whether or not prob le cause exists to believe that a dis- i - criminatory practice occur a as alleged by the complainant. (d) At any time after the i itial filing of a complaint of unfair or i discriminatory practice, but befa the investigator's recommendation to the city attorney, t e investigator may seek a disposition of the complaint through the use of a p�gdetermination settlement if such { SETTLEMENTSsettlement is in SHALL the BE SUBJECTtTOfREf EWc BY complainant. IONECHAIRPERN SON. Sec. 18-39. Results of Investigation; action to be taken. (a) Finding of no pro able cause. After an investigation under this article: (1) If the inves igator finds no probable cause to believe that the person cha ged has committed an unfai( or discriminatory practice, nd the city attorney concurs \with that finding, he/she sha 1 report the same to the Commission. If designated members o the Commission agree that no probable cause does exist, it shall notify the parties in wri\tIng by certified mailing, eturn receipt requested, of the findings and of the complaina is right to appeal therefrom. If they disagree as to no probab a cause, they shall make the final determination on probable cause and proceed as provided in this chapter. (2) If the complainant fails to object to the finding of no probable cause within ten (10) days of receipt of such written notice, the Commission shall close the case. The secretary of the commission shall report this finding to the civil rights commission. 91�,s � 11 (3) If the complainant objects in writing to the finding of no probable cause within ten (10) days of receipt of such written notice, the designated members of the Commission shalfind no l hear e probablecausecto�beleievicetthat theive �personjcharged hasf theaa�ncon.ommitted a discriminatory practice, they oable lcause to exare h t,ase theylshall After appeal, if they find p proceed as provided in this chapter. probable (4) If t e the designated nd members members oft /ann ion shall ee as to ake the cause, probable caceed as provided in final d ermination on pthis chapt. (b) Finding of probabcause. After igation under this article: (1) If the investigato finds probabto believe that the person charged has committed °Y t discriminatory practice, and the cit al should makemembrs of the thoseean ndependen� to whether probable taus conciliation. orney concurs in tha + miss on designated as conciliators evaluation as to the determination i nth tas \e x/fists before proceeding (2) Upon the finding of probab e c use charged has committed a di crimi @tc team shall promptly endea or to eliq� unfair practice by;cont accordance with remedies// provided in Section 18-40. Conciliation r (a) If the conciliation team able to the complainant team, such disposition s' executed by the parties Sion. (b) If the person charged tion but the complain matter to the desigi session. If the de conciliation agreeme person charged, the supervision of the c communicate the to m commission. This sl other action as r, conciliation bagre me e ts. to believe that the person ry practice, a conciliation inate such discriminatory or iliation, and persuasion in kartion 18-40. i able to effectuate a disposition agree - /the person charged, a d the conciliation ill t agreementto ar porter tipthetion Como s- nd and the agreement nd the conciliation team agree o a disposi- nt fails to agree, the team shah report the ated members of the Commission i executive he ignated members of the Commission cc and the t presented by the conciliation onc lint t to ac nt nuing shall close the case (subject and larged party as provided in the agreem nt) ; of the agreement to the state civil rights all not prevent the complainant from taking kthe vided by law. If however, y it, they may direct that further attempts at conciliation e m or proceed as provided in this chapter. ged reach a mutually agreeable (c) If the complainan and the person char the complainant and the person charged may disposition of the complaint, but the conciliation team does not wish to ratify such agreement, proceed according to the terms of their agreement with no further y0.s I 12 involvement by the conciliation team and the Commission shall thereafter close the case. Such action shall not, however, in any way, prevent the complainant and the person charged, from subse- quently filing a new complaint against the person charged concerning j the same alleged discriminatory practice. (d) The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discrimi- natory or unfair practices of the type stated iq/ the agreement, to take remedial action which, in the judgment of/the Commission, will carry out the purposes of this act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of I the conci cation agreement. Violation of such a consent decree may be punishe as contempt by the court in Oihich it is filed, upon a showing by t Commission of the violat'6n, at any time within six months of its ccurrence. In all case where a conciliation agree- ment is entered 'ito, the Commissions 6 issue an order stating its terms and furnis a copy of the rder to the complainant, the respondent, and su other persons s the Commission deems proper. At any time in its d cretion, the ommission may investigate whether the terms of the agre ent are bei g compiled with by the respondent. Upon a finding that th terms of the conciliation agreement are not being complied with by he re ondent, the Commission shall take appropriate action to assu e c pliance. (e) For the purposes of this sub ction and pursuant to the provisions of this chapter "remedial acti-n' includes but is not limited to the following: (1) Hiring, reinstatement or upg*ing of employees with or without pay. Interim earned income an unemployment compensation shall operate to reduce t e pay other se allowable. (2) Admission or resto ation of indivi uals to a labor organization, admission to or p rticipation in a qidance program, apprentice- ship training p ogram, on-the-job raining program or other occupational tr ining or retraining p ogram, with the utiliza- tion of object' a criteria in the admi sion of individuals to such programs. i (3) Admission of in to a public comnodation or an educational i stitution. (4) Sale, exchange, lease, rental, assignment or >ublease of real property to/an individual. (5) Extensiono all individuals of the full and equal enjoyment of the advan ages, facilities, privileges, and services of the respondendenied to the complainant because of the discrimina- tory or u fair practice. (6) Reporting�as to the manner of compliance. (7) Posting notices in conspicuous places in the respondent's place of business in a form prescribed by the Commission and inclusion of notices in advertising material. 9� s i 13 (8) Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reason- able attorney fees. (9) In addition to the remedies in the preceding provisions of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action'as in the judgment of the followsCommission will carry out the purposes of this chapter as (a) I the case of a respondent operating by virtue of a tic se issued by the state or a olitical subdivision or agency, if the Commission, upon otice to the respondent with a opportunity to be hea d, determines that the responde t has engaged in a discriminatory or unfair practice d that the practice was authorized, requested, commanded, erformed or knowingly or recklessly tolerated by the boar of directors of the respondent or by an officer or ex utive agent (ting within the scope of his or her employme t, the Commission shall so certify to the licensing agency. Unless he practice is reversed in the course of judicial eview, he finding of discrimination is binding on the 11c sing agency. If a certification is made pursuant to this subs ection, the licensing agency may initiate licensee disci )inary procedures. (b) In the case of a respo bet who is found by the Commission to have engaged in a isc 'minatory or unfair practice in the course of perfor7�ck�l'l g un r a contract or submarine with the state or polil sub 'vision or agency, if the practice was author, requ ted, commanded, performed, or knowingly or ressly t era ted by the board or executive agent ac ing within t e scope of his or her employment, the Co ission shall o certify to the con- tracting agency. Unless the Comn'ssion's finding of a discriminatory or Pnfair practice is �versed in the course of judicial review, the finding ofd discrimination is binding on the contracting agency. \ (c) Upon receiving a certification made under phis subsection, a contracting agency may take appropriate action to terminate a con ract or portion thereof previously entered into with the r spondent, either absolutely or\on condition that the respo ent carry out a program of compliance with the provisions of this act; and assist the state and all political subdi isions and agencies thereof to 'refrain from entering into urther contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall no bar the election of affirmative remedies provided in paragrap (1.) of this subsection. 9�s 14 Section 18-41. Proceedings upon failure to conciliate. (a) If the conciliation team is unable to effectuate a disposition agreeable to the parties within ninety (90) days, it shall file a report of no conciliation with the Commission and report what further action as provided herein should be taken (b) A conciliation team may recommend: (1) That no further action be taken thus c/losing the case. (2) Th he Commission cause to be served a written notice requir- ing th respondent to answer the c arges of such complaint at a hearing fore the Commission. Sec. 18-42. Notice an hearing. (a) In case of failure o satisfactoply settle a complaint by confer- ence, conciliation, d persuas on, the Commission may issue and cause to be served a itten tice together with a copy of such complaint, as the same ay hav been amended, requiring the person charged to answer such ompl int in writing within ten (10) days after the date of such no 'c or within such extended time that the Commission may allow. (b) When the conciliation tea satisfied that further endeavor to conciliate would be futiI th team shall report the same to the Commission. If the Co issio determines that the circumstances warrant, it shall issue and ca a to be served a written notice requiring the person ch rged to a\wer the charges of such complaint at a hearing before the Commission o such other person designated by the Commission to co duct the hea ing, hereafter referred to as hearing examiner, and at a time and lace to be specified in such notice. (c) The case in suppor of such complaint hall be presented at the hearing by the cit attorney or his/her ag nt. The members of the Commission who inv stigated or attempted toonciliate the complaint shall not partici ate in the hearing except s a witness nor shall they participate in the deliberations of th Commission in such case. (d) The person char ed may file a written verified answer to the com- plaint, and may appear at the hearing in person, lith or without counsel, and s bmit testimony. In the discretion of the hearing examiner, a c plainant may be allowed to intervene\ and present testimony in p rson or by counsel. (e) When the persoq charged has failed to answer a complaint W a hearing as provided b this section, the Commission may erif�er his/her default. For good cause shown, the Commission may set aside an entry of default within ten (10) days after the Commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the Commission may enter such order as in its opinion the evidence warrants. g(Os I " 15 (f) The Commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. (g) The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examina- tion shall be preserved. Plaintiffs shall bear the burden of proving allegations in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the Commission, tran- scribed. Sec. 18-43. Findings and order, (a) If upon\,taking into consideration of all of the evidence at a hearing, th Commission determines that the respondent has engaged in a discriminatory or unfair practice, t e Commission shall state its findings of fact and conclusions of aw and shall issue an order requiring the r pondent to cease an desist from the discriminatory or unfair practic and to take the necessary remedial action as in the judgment of th Commission sh 1 carry out the purposes of this chapter, A copy of he order sin 1 be delivered to the respondent, and complainant, and t any othe public officers and persons as the Commission deems proper. Ades ription of possible remedial actions appear in Section 18-40. (b) If, upon taking into conside ation of all the evidence at a hearing, the Commission finds that a r spondent has not engaged in any such discriminatory or unfair rac ice, the Commission shall issue an order denying relief and s ating he findings of fact and conclusions of the Commission, and sh 1 cause a copy of the order dismissing the complaint to be ser/aproceeding certified mail on the complainant and the respondent. Sec. 18-44. Judicial renforcement, (a) The Commission may an order of court for the enforcement of Commission orders ias provided in this section. Such an enforcement proc shall be brought din the district court of the county. (b) Such an enforcemen proceeding shall be initiated by the filing of a petition in such ourt and the service of a copy thereof upon the person charged. hereupon the Commission shall file with the court a transcript of th record of the hearing before it.�, The court has the power to grant s ch temporary relief or restraining',order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, andenforcing as so modified, or setting aside the order of the Commissi n, in whole or in part. (c) An objection tat has not been urged before the Commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. 9Gs a, 16 (d) Any party to the enforcement proceeding may move the court to remit the case of the Commission in the interest of justice for the purpose seekinof adducing additional specified and artiestashalltdence nd show areasonable findings thereof, providing such p grounds for the failure to adduce such evidence before the Commis- sion. (e) The Commission's copy of the �estimony shall be available to all parties for examination at al reasonable times, without cost, and for the purpo of judicial r view of the Commission's orders. (f) The commission ma appear 'n court by the city attorney or his/her designee. (g) thirt (30) daysgfrohin m t b servijudicial order ofsthe Commission,instituted tthe Y for Commission may obtain nor er of thecourt charged es subject to orcement Of such order upon show ng hat the jurisdiction of the C iss and resides or transacts business with the county. Passed and approved this day of 1984. ATTEST: R4=6- d & Apprevad 0.1 ii+a toyef S 4->i4 R,W'