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98-085 Ordinance
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98-085 Ordinance
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1/16/2014 12:01:30 PM
Creation date
1/16/2014 4:31:42 AM
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North Olmsted Legislation
Legislation Number
98-085
Legislation Date
9/1/1998
Year
1998
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The Fair Housing Review Boazd, in lieu of conducting a hearing upon complaint, may appoint <br />a hearing officer for the purpose of conducting hearings and reporting the findings thereof of the <br />Board. In conducting such hearings, the hearing officer shall be delegated all powers confened <br />upon the Board pursuant to this Chapter as to subpoenaing witnesses, compelling their attendance, <br />administering oaths, taicing sworn testimony, and requiring the production for examination of any <br />documents relating to any matter under investigation or question before the Board. If the Board <br />appoints such a hearing officer, there is no longer a requirement pursuant to Section 1901.25 that <br />no fewer than three (3) of the same members of the Board be present at all times during the <br />hearing. Notice of hearing and the procedures therefor shall be in accordance with Section <br />1901.25 of this Chapter. After the conclusion of any hearing, the hearing officer shall report <br />these findings to the Boazd within seven (7) days. Within fifteen (15) days after receipt of the <br />findings of the hearing officer, the Boazd shall render its decision in accordance with Section <br />1901.27 of this Chapter. <br />1901.31 I?emedial Actions <br />(A) If the Board finds that the respondent has not violated Section 1901.07, its order under <br />Section 1901.27 shall dismiss the complaint; <br />(B) If the Board finds that the respondent has violated Section 1901.07, its order under Section <br />1901.27 shall provide for the taking of such remedial action(s) as it deems appropriate, which may <br />include, but need not be limited to: <br />(1) Directing the respondent to cease and desist from violations of Section 1901.07 and <br />to take such affirmative steps as necessary to effectuate the purposes of this Chapter; <br />(2) Initiating, at the Board's expense, an appropriate court action for the enforcement of <br />Section 1901.07, and for such other or further relief as the court may deem appropriate, <br />including, but not limited to, injunetive relief, compensatory damages, punitive damages, and/or <br />attarney's fees and costs for award to the complainant. Such court action shall be required in the <br />event the respondent does not voluntarily comply with remedial actions ordered by the Board; <br />(3) Initiating proceedings for violation of federal or state law and/or regulations; <br />(4) Initiating proceedings with any contracting agency, in the case of any violation of <br />Section 1901.07 by respondent in the course of performing under a contract or sub-contract with <br />the State or any political subdivision or agency thereof, or with the United States of America or <br />any agency or instrumentality thereof, for the purpose of causing a termination of such contract <br />or any portion thereof, or obtaining other relief; <br />(5) Initiating proceedings with the State of Ohio where applicable, to revoke, suspend or <br />refuse to renew the license of any applicable person found to have violated any provisions of <br />Section 1901.07; <br />(6) Directing the respondent to reimburse the complainant for his or her actual and <br />reasonable expenses incurred and to be incuned as a result of each violation found including, but <br />not limited to, expenses for moving and temporary storage of household furnishings, additional <br />expenses in connection with the purchase of a dwelling for alternative accommodations, and <br />reasonable attorney's fees and costs; <br />(7) Assessing compensatory damages, as appropriate, or anange to have adjudicated in <br />court at the Board's expense the award of compensatory damages against the respondent; <br />
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