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HomeMy WebLinkAbout4464-03/26/2001 BLACK HAWK COUNTY IOWA:SS 0281.0 MISC Filed for record JUN 27 , 2001 at IND EX 4:00 P.M. and recorded in Book 343 MARGIN of 14SC-- Page 92 PROOFgqe�/ _ f MMPAREA G4 Fee 1-80.00/ Recorder CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4464 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 20-9, UNFAIR OR DISCRIMINATORY PRACTICES-HOUSING, OF CHAPTER 20, HUMAN RIGHTS COMMISSION; AND ENACTING IN LIEU THEREOF A NEW SECTION 20-9, UNFAIR OR DISCRIMINATORY PRACTICES-FAIR HOUSING, OF CHAPTER 20, HUMAN RIGHTS COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 20-9, Unfair or Discriminatory Practices - Housing, of Chapter 20, Human Rights Commission, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Section 20-9, Unfair or Discriminatory Practices - Fair Housing, of Chapter 20, Human Rights Commission, is hereby enacted in lieu thereof as follows : Sec. 20-9. UNFAIR OR DISCRIMINATORY PRACTICES HOUSING (a) DEFINITIONS. As used in this section: (1) "Aggrieved person" includes any person who claims to have been injured by an unfair or discriminatory housing practice or any person who believes that they will be injured by an unfair or discriminatory housing practice that is about to occur. (2) "Covered multifamily dwelling" means any of the following: (a) A building consisting of four or more dwelling units if the building has one or more elevators . (b) The ground floor units of a building consisting of four or more units . (3) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, respondent, and Commission. (4) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a Dwelling" means any building, structure, or residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. (5) "Familial status" means one or more individuals under the age of eighteen domiciled with one of the following: eooK0343 PACE 092 Ordinances No. 4464 Page 2 (a) A parent or another person having legal custody of the individual or individuals . (b) The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (c) A person who is pregnant or is in the process of securing legal custody of the individual or individuals . (6) "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries . (7) "Respondent" means any person or entity alleged in a complaint, or later identified in the course of the investigation, as committing an unfair or discriminatory housing practice . b) PROHIBITIONS . It shall be an unfair or discriminatory housing practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will : (1) To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or dwelling or part, portion or interest therein, to any person because of the race, color, creed, sex, religion national origin, disability, or familial status of such person. (2) To discriminate against any person because of the person' s race, color, creed, sex, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental , lease assignment or sublease of any real property or dwelling or any part, portion or interest in the real property or dwelling, or in the provision of services or facilities in connection with the real property or dwelling. (3) To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or dwelling or any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited. Book 0343 PAGE 093 Ordinances No. 4464 Page 3 (4) To discriminate against the lessee or purchaser of any real property or dwelling or part, portion or interest of the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling, because of the race, color, creed, religion, sex, disability, age or national origin 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. (5) To induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, religion, national origin, disability, or familial status . (6) To represent to any person of a particular race, color, creed, sex, religion, national origin, disability, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental . (7) To discriminate in the sale or rental , or otherwise make unavailable or deny a dwelling, to a buyer or renter because of a disability of : (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) A person associated with that buyer or renter. (8) To discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of : (a) That person; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) A person associated with that person. (9) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises . In the case of a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter' s agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Boor 0340 PAGE 094 Ordinances No. 4464 Page 4 (10) To refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations are necessary to afford the person with a disability equal opportunity to use and enjoy a dwelling. (11) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13 , 1991, to fail to design and construct those dwellings in a manner that meets the following requirements : (a) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities . (b) All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons in wheelchairs . (c) All premises within the dwellings contain the following features of adaptive design: (1) An accessible route into and through the dwelling; (2) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (3) Reinforcements in bathroom walls to allow later installation of grab bars; and (4) Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space . Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with disabilities (commonly cited as "ANSI A117 . 1" ) satisfies the requirements in subsection (b) (11) (c) . (c) Nothing in this Section requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others . (d) DISCRIMINATION IN RESIDENTIAL REAL ESTATE RELATED TRANSACTIONS . A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available, or in terms or conditions of a residential real estate related transaction, because of race, color, creed, sex, religion, national origin, disability, or familial status . BOOK 0343 FACE 095 Ordinances No. 4464 Page 5 For the purpose of this subsection, "residential real estate related transaction" means any of the following: (1) To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair, or maintain a dwelling, or to secure residential real estate; or (2) To sell , broker, or appraise residential real estate . (e) DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES . A person shall not deny another person access to, or membership or participation in, a multiple-listing service, real estate brokers ' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, religion, national origin, disability, or familial status . (f) INTERFERENCE, COERCION, OR INTIMIDATION -- ENFORCEMENT BY CIVIL ACTION. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Section. (g) EXCEPTIONS . The provisions in this Section shall not apply to: (1) Any bona fide religious institution with respect to any qualifications it may impose based on religion, when the qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, sex, familial status, disability, or national origin. (2) The rental or leasing of a dwelling in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of the housing accommodations . (3) The rental or leasing of less than four rooms within a single dwelling by the occupant or owner of the dwelling, if the occupant or owner resides in the dwelling. (4) The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of each other, if the owner resides in one of the housing accommodations for which the owner qualifies for the homestead tax credit under Iowa Code section 425 . 1 . BOOK 0343p- • 096 Ordinances No. 4464 Page 6 (5) Discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which residents of both sexes would be forced to share a living area. (6) Discrimination on the basis of familial status involving dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program that the Commission determines to be consistent with determinations made by the Secretary of the U. S . Department of Housing and Urban Development . (7) HOUSING FOR OLDER PERSONS . As used in this section, "housing for older persons" means housing communities consisting of dwellings intended for either: (a) Eighty percent (80%) occupancy by at least one person fifty-five (55) years of age or older per unit; or (b) One hundred percent (100%) occupancy by persons sixty-two (62) years of age or older. To qualify as housing for older persons, as defined in subsection (g) (7) (a) , at least eighty percent (80%) of the occupied units must be occupied by at least one person fifty-five (55) years of age or older and there must be policies and procedures in effect which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older. The exception for "housing for older persons" is limited to discrimination based on familial status . (8) APPRAISAL EXCEPTION. Nothing in this Section prohibits a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, religion, national origin, disability, or familial status in the appraisal of real estate. The exceptions found in above subsections (g) (2) , (g) (3) , and (g) (4) do not apply to subsection (b) (3) relating to advertising. (h) ADDITIONAL ADMINISTRATIVE PROCEEDINGS . (1) NOTICE, ANSWER, INVESTIGATION, AND ADDITIONAL RESPONDENTS . BOOK 0343 PAGE 097 Ordinances No. 4464 Page 7 (a) Not later than ten (10) days after the filing of a complaint alleging an unfair or discriminatory housing practice, the Commission shall serve notice upon the complainant acknowledging receipt of the complaint and advising complainant of the time limits and choice of forums provided under this Section. (b) Not later than ten (10) days after the filing of a complaint, or the identification of an additional respondent under subsection (h) (1) (f) , the Commission shall serve notice upon the respondent identifying the alleged unfair or discriminatory housing practice and advising respondent of respondent ' s procedural rights and obligations under this Section. The Commission shall enclose a copy of the complaint along with the notice . (c) Each respondent may file an answer to the complaint not later than ten (10) days after receipt of notice from the Commission. (d) Complaints and answers shall be under oath or affirmation and may be reasonably and fairly amended at any time . (e) The Commission shall begin the investigation of the complaint within thirty (30) days of filing. If the Commission is unable to complete the investigation within one hundred (100) days of filing, the Commission shall so notify complainant and respondent and state the reasons for the delay. (f) The Commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation, the Commission determines that the person should be alleged to have committed an unfair or discriminatory housing practice . In addition to the information required in the notice in subsection (h) (1) (b) , the Commission shall include an explanation for the determination that the person is properly joined as a respondent . (2) CONCILIATION. Beginning with the filing of a complaint, the Commission shall , to the extent feasible, engage in conciliation with respect to the complaint . If the issues in the complaint are resolved through conciliation, complainant and respondent may execute a conciliation agreement which documents the terms of settlement and is subject to the approval of the Commission. BOOK 0343 PAGE 098 Ordinances No. 4464 Page 8 (b) A conciliation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary damages . (c) A conciliation agreement shall be made public unless the complainant and respondent agree otherwise and the Commission determines that disclosure is not necessary to further the purposes of this Section. (d) The proceedings or results of conciliation shall not be made public or used as evidence in a subsequent proceeding under this Chapter without the written consent of the persons who are party to the conciliation. (e) When the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission shall refer the matter to the City Attorney with a recommendation that a civil action be filed for the enforcement of the agreement . (3) INVESTIGATIVE REPORT. At the completion of each investigation under this Section, the Commission shall prepare a final investigative report containing: (a) Witness names, and dates of contact; (b) Summary of contacts with the aggrieved person and respondent, as "well as dates of correspondence; (c) Summary of witness statements; (d) Summary description of all pertinent records; and (e) Answers to interrogatories . A final investigative report under this subsection may be amended if additional evidence is later discovered. After the completion of the investigation, the Commission shall make available to the complainant, respondent, and each aggrieved person information derived from the investigation, as well as the final investigation report relating to that investigation. Bo 0343 099 Ordinances No. 4464 Page 9 (4) PROMPT JUDICIAL ACTION. If the Commission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purposes of this Section, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint . Upon receipt of the Commission' s authorization, the City Attorney shall promptly file such an action. A temporary restraining order or other order granting preliminary or temporary relief under this Section shall be issued in accordance with Iowa Rules of Civil Procedure . The filing of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Section. (5) PROBABLE CAUSE. If the Commission determines that probable cause exists to believe that an unfair or discriminatory housing practice has occurred or is about to occur, the Commission shall immediately issue a determination, unless the Commission determines that the legality of a zoning or land use law or ordinance is involved as provided in subsection (h) (6) . (a) A probable cause determination must : (1) Consist of a short and plain statement of the facts upon which the Commission found probable cause to believe that an unfair or discriminatory housing practice has occurred or is about to occur; (2) Be based on the final investigative report ; and (3) Need not be limited to the facts or grounds alleged in the complaint . (b) Not later than twenty (20) days after the Commission determines probable cause, the Commission shall send a copy of the determination with information regarding the election procedure under subsection (i) (1) to the complainant, respondent, and each aggrieved person. (6) If the commission determines that the matter involves the legality of a state or local zoning or other land use ordinance, the Commission shall not issue a determination and shall immediately refer the matter to the City Attorney for appropriate action. (7) NO PROBABLE CAUSE. If the Commission determines that no probable cause exists to believe that an unfair or discriminatory housing practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint . The Commission shall make public disclosure of each dismissal under this Section. BOOK 0343 PAGE 1.00 Ordinances No. 4464 Page 10 (8) The Commission shall not issue a determination under this Section regarding an alleged unfair or discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to the alleged discriminatory practice . (9) SUBPOENAS . The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this Section. Such subpoenas and discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in district court . (i) ENFORCEMENT BY THE COMMISSION - HOUSING, ADDITIONAL PROCEEDINGS . (1) When a probable cause determination has been issued, the complainant, respondent, or aggrieved person may elect to have the claims asserted in that complaint decided in a civil action under subsection (j ) in lieu of a hearing under subsection (i) (5) . The election must be made not later than twenty (20) days after the receipt by the electing person of service under subsection (h) (5) (b) , or, in the case of the Commission, not later than twenty (20) days after such service . The person making such election shall give notice of the election to the Commission and all other parties . (2) If an election is not made under subsection (i) (1) , the Commission shall provide an opportunity for a hearing on the record with respect to the complaint . The Commission shall delegate the conduct of the hearing to an administrative law judge appointed by the Commission. (3) At a hearing under this subsection, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under subsection (h) (9) . Any aggrieved person may intervene as a party in the proceeding. (4) Any resolution of a complaint before a final order under this subsection shall require the consent of each aggrieved person. (5) HEARINGS, FINDINGS, CONCLUSIONS, AND ORDER. (a) The administrative law judge shall commence the hearing under this subsection no later than one hundred twenty (120) days following the probable cause determination, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within one hundred twenty (120) days after the determination, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the complaint was BOOK 0343 Pact 101 Ordinances No. 4464 Page 11 filed, and the respondent in writing of the reasons for the delay. (b) The administrative law judge shall make findings of fact and conclusions of law within sixty (60) days following the completion of the hearing under this subsection, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty (60) day period thereafter, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the complaint was filed, and the respondent in writing of the reasons for the delay. (c) If the administrative law judge finds that a respondent has engaged or is about to engage in an unfair or discriminatory housing practice, the administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person, and injunctive and other equitable relief . Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by the Federal Fair Housing Act in section 42 U. S . C. 3612 . (d) No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the complaint . (e) In the case of an order with respect to an unfair or discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Commission shall, not later than thirty ( 30) days after the date of the issuance of such order, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that agency appropriate disciplinary action, including, where appropriate, the suspension or revocation of the license of the respondent . (f) If the administrative law judge finds that the respondent has not engaged or is not about to engage in an unfair or discriminatory housing practice, the administrative law judge shall enter an order dismissing the complaint . The Commission shall make public disclosure of each dismissal . BOOK 03. 43 Pace 102 • Ordinances No. 4464 Page 12 (g) An administrative law judge may not continue (adjourn or postpone) administrative proceedings under this subsection regarding any alleged unfair or discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law seeking relief with respect to that alleged discriminatory practice . (6) The Commission may review any finding, conclusion, or order issued by the administrative law judge under this subsection. Such review shall be completed not later than thirty (30) days after the finding, conclusion, or order is issued, otherwise the finding, conclusion, or order becomes final . (7) The Commission shall serve each complainant, respondent, and aggrieved person upon whose behalf the complaint was filed a copy of the findings of fact, conclusions of law, and order with respect to any final order issued under this subsection. (j ) CIVIL ACTION FOR ENFORCEMENT WHEN ELECTION IS MADE -- HOUSING (1) If an election is made under subsection (i) (1) , the Commission shall authorize, not later than thirty (30) days after the election is made, the City Attorney to commence and maintain a civil action on behalf of the aggrieved person in district court seeking relief under this Section. (2) Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene in that action. (3) In a civil action under this subsection, if the court finds that an unfair or discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such unfair or discriminatory housing practice in a civil action under subsection (1) . Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under subsection (1) shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court . (k) In any administrative proceeding brought under this Section, or any court proceeding arising therefrom, or any civil action, the administrative law judge or court, in its discretion, may allow the prevailing party, other than the Commission, reasonable attorney' s fees and costs . (1) ENFORCEMENT BY PRIVATE PERSONS -- HOUSING BOOR 0343 PgE 103 Ordinances No. 4464 Page 13 (1) An aggrieved person may commence a civil action in district court not later than two (2) years after the occurrence of an alleged unfair or discriminatory housing practice, or the breach of a conciliation agreement entered into under this Section, whichever occurs last, to obtain appropriate relief with respect to such discriminatory practice or breach. (2) The computation of such two (2) year period shall not include any time during which an administrative proceeding under this Section was pending with respect to that complaint . This subsection does not apply to actions arising from a breach of a conciliation agreement . (3) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under this Section and without regard to the status of any such complaint, but if the Commission or the Iowa Civil Rights Commission has obtained a conciliation agreement with the consent of the aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged unfair or discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of the conciliation agreement . (4) An aggrieved person may not commence a civil action under this subsection with respect to an alleged unfair or discriminatory housing practice if an administrative law judge has commenced a hearing on the record under this Section with respect to such complaint . (5) Upon application by a person alleging an unfair or discriminatory housing practice or a person against whom such a practice is alleged, the court may: (a) Appoint an attorney for such person; or (b) Authorize the commencement or continuation of a civil action under this subsection without the payment of fees, costs, or security, if, in the opinion of the court, such person is financially unable to bear the costs of such action. (6) In a civil action under this subsection, if the court finds that an unfair or discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (1) (7) , may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate . BOOK 0343 PgE 104 Ordinances No. 4464 Page 14 (7) Relief granted under this subsection shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrance, or tenant, without actual notice of the filing of the complaint or civil action under this Section. (8) Upon timely application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance . Upon such intervention the City Attorney may obtain such relief as would be available to the City Attorney under subsection (m) . (m) ENFORCEMENT BY THE CITY ATTORNEY -- HOUSING (1) On the request of the Commission, the City Attorney may file a civil action in district court for appropriate relief if the Commission has probable cause to believe that any of the following applies : (a) A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this section; or (b) A person has been denied any housing right granted by this section and that denial raises an issue of general public importance . (2) A civil action under this subsection may be commenced no later than two (2) years after the date of the occurrence of the alleged unfair or discriminatory housing practice. (3) The City Attorney may commence a civil action in district court for appropriate relief with respect to a breach of a conciliation agreement referred to the City Attorney by the Commission. Such civil action may be commenced no later than ninety (90) days after the referral of the alleged breach under subsection (h) (2) (e) . (4) The City Attorney, on behalf of the Commission or other party at whose request a subpoena is issued under this Section, may enforce such subpoena in appropriate proceedings in district court . (5) In a civil action under this subsection, the court may: (a) Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for the violation of this section as is necessary to assure the full enjoyment of the rights granted by this section; BOOK 0343 PAGE 105 Ordinances No. 4464 Page 15 (b) Award such other relief as the court deems appropriate, including monetary damages to the person aggrieved; and (c) Assess a civil penalty, to vindicate the public interest, against the respondent in an amount not exceeding fifty thousand dollars ($50, 000) for a first violation and in an amount not exceeding one hundred thousand dollars ($100, 000) for any subsequent violation. (6) In a civil action under this subsection, the court, in its discretion, may award reasonable attorney' s fees and costs to the prevailing party. (7) Upon timely application, any person may intervene in a civil action commenced by the City Attorney under this subsection, which involves an alleged unfair or discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to a plaintiff in a civil action under subsection (1) . (n) COOPERATION WITH STATE AND FEDERAL AGENCIES ADMIMSTERING FAIR HOUSING LAWS . The Commission shall cooperate with state and federal agencies charged with the administration and enforcement of state and federal fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees, and in furtherance of such cooperative efforts, may enter into written agreements with such state and federal agencies . INTRODUCED: March 26, 2001 PASSED 1st CONSIDERATION: March 26, 2001 PASSED 2nd CONSIDERATION: March 26, 2001 PASSED 3rd CONSIDERATION: March 26, 2001 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2001, and approved by the Mayor Pro Tem on the 28th day of March, 2001 . • /' Harold Getty, Mayorf ro Tem ATTEST: Nancy Ecke , City Clerk oO(O343 pace X06 Ordinances No. 4464 Page 16 CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4464 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2001 . Witness my hand and seal of office this 28th day of March, 2001. Nancy Eck t, City Clerk Eoox 0343 PAGE 107