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HomeMy WebLinkAbout023931 ORD - 02/08/2000AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 24, SECTIONS 24-33, 24-37, 24-40, 24-46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 OF HUMAN RELATIONS, ARTICLE III, DISCRIMINATION IN HOUSING AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi Chapter 24, Sections 24-33, 24-37, 24-40, 24-46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24- 55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III are hereby amended to read as follows: CHAPTER 24 HUMAN ELATIONS ARTICLE III. DISCRIMINATION IN HOUSING Sec. 24-33 Exemptions and exclusions. (a) There shah be exempted from the application of Section 24-36: (b) (2) (A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subdivision (1)(B) or n~mx (1)(C); provided, that new occupants of such honsing meet the age requirements of subdivisions (1)(B) or (1)(C); or Sec 24-37 Disability. (f) Covered multifamily dwellings for first occupancy after occupied by March 13. 1991. or if the building permit or renewal is made before June 15, 1990, are not covered. Federal Regulations exclude such buildings from the requirements of accessibility. Federal regulations state that dwelling for first occupancy after March 13. 1991, must meet accessible route requirements. while dwellings designed and constructed for first occupancy on or before March 13~ 1991. were exempted. The covered multifamily dwellings, shah be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site. For purposes of this sectiota a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy after March 13, 1991. If the dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued by a State, County, or local government on or before June 15, 1990, it is exempt. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. All covered multifamily dwell'rags for first occupancy after March 13, 1991, with a building entrance on an accessible roate shah be designed and constructed in a manner that: Sec. 24-40 Complaint. (f) On the filing ofa compla'mt the Administrator shall: (1) Give the aggrieved person notice that the complaint has been received; (A) _advise the aggrieved person of the specific time limits applicable to complaint processin~ and the procedural rights and obligations of the ag_m'ieved person and choice of forums under this article including that he/she has the right to commence a civil action under Section 813 of the Fair Housin~ Act in the United States District Court not later than two years after the occurrence or termination of the alleged discriminator¢ housing practice; and IB) a copy of the original complaint will be sent to the aggrieved person(s). ~,(2) Not later than the ,~h,~, 10th day after the filing of the complaint or the idemification of an additional respondent under 24-43, serve on each respondent: (A) a notice ideatifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article; and (B) a copy of the original complaint will be sere to both the respondent(s). (3) The Agency must make a final administrative disposition of a complaint within one year of the date of fifin~ of the charge. Sec. 24-46 Investigative Report rel~m. (a) The Administrator shah prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (A) The investigative report will not disclose the names of witnesses that request anonymity, tinless the Administrator is required to do so under Court Order. Sec. 24-47 Reasonable cause determination. (d) If the Administrator determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the Administrator shalk except as provided by Section 24-49(Land Use Law)J: timmediately issue a charge on behalf of the aggrieved person. Sec. 24-48 Charge. (a) A charge issued under Section 24-47 (Reasonable Ceause Daletermination): (b) Not later than the 3_ days after the Administrator issues a charge, the Administrator shall send a copy of the charge with information concerning the election under Section 24-52 (Election of judicial determination) of this article to: Sec. 24-49 Land uUse tLaw. If the Administrator determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the Administrator may not issue a charge and shah immediately refer the matter to the City Attorney for appropriate action. Sec. 24-50 Dismissal. (a) If the Administrator determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur: (1) (2~ the Administrator shall issue a short and pla'm written statement of the facts upon which the no reasonable cause determination is based; dismiss the Complaint: notify each aggrieved person and each mspondent of the dismissal and make public disclosure of the dismissal; unless the complainant or mspondent makes a request that no public disclosure of the dismissal be made. (b) The Administrator shall make public disclosure of each dismissal under this section. Sec. 24-51 Pending c-Civil ~Trial. Sec. 24-52 Election ofjJudicial ,aiDetermination. (C) The person making the election shall give notice to the Commission through the Administrator and to aggrieved persons. all other complainants and respondents to whom the charge relates. Sec. 24-53 City Attorney a_Action ~For eEnforcemem. (a) If a timely election is made under Section 24-520!lection ofj!udicial 4L)_etennination), the Administrator, upon review by and with the concurrence of the City Attorney, shall file a civil action on behalf of the aggrieved person in a State District Court seeking relief under this section. Sec. 24-54 Administrative hBearing. Sec. 24-55 Administrative penalties. (a) If the Commission determines at a hearing under this Section that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Commission may order the appropriate relief~i ~':c!uding actual damages (including damages caused by humiliation and embarassment), reasonable attomey's fees, court costs, and other injunctive or equitable relief. (b) To vindicate the public interest, the Commission may assess a civil penalty against the respondent in an mount that does not exceed: (1) $! 0,000 $11,000 if the respondent has not been adjudged by order of the Commission: in any administrative hearing under the Fair Housing Act. or any State or local Fair Housin~ Law, or in any licensing or regulatory proceeding conducted by a Federal. State or local agency or a court to have committed a prior discriminatory housing practice: (2) Except as provided by Subsection (c) of this section, $25,000 $27,500 if the respondent has been adjudged by order of the Commission; in any administrative hearing under the Fair Housing Act, or any State or local Fair Housin~ law, or in any licensin~ or regulatorv proceeding conducted by a Federal, State or local agency or a court to have committed one (1) other discriminatory housing practice during the five (5) year period ending on the date of the filing of this charge; and (3) Except as provided by Subsection (c) of this section, $50,000 $55.000 if the respondent has been adjudged by order of the Commission; in any administrative hearin~ under the Fair Housin~ Act. or any State or local Fair Housing law, or in any licensing or regulatory proceeding conducted by a Federal, State or local agency or a court to have committed two (2) or more discriminatory housing practices during the seven (7) year period ending on the date of the filing of the charge. Sec. 24-56 Effect of Commission order. A Commission order under Section 24-55(Administrative penalties), does not affect a contract, sale, encumbrance, or lease that: (a) Was consummated before the Commission issued the order; and /b) Involved a bona fide parchaser, encumbrancer. or tenant who did not have actual notice of the charge filed under this article. B. Judicial Review and Enforcement of Final Decision (a) Petition for review. Any party adversely affected by a final decision under Sec. 24-55 may file a petition in the appropriate United Stated Court of Appeals for review of the decision. The petition must be filed within 30 days of the date of issuance of the final decision. No petition for review. If no petition for review is filed under subsection (a) within 45 days fi'om tbe date of issuance of the final decision, the findings of facts and final decision shall be conclusive in connection with any petition for enfomement described under subsection (c) filed thereafter by the City Attorney, and in connection with any petition for enforcement described under subsection (d). Enforcement. Following the issuance of a final decision, the City Attomey may petition the aooropriate United States Court of Appeals for the enforcement of the final decision and for appropriate temporary relief or restrajning order. (d) Enforcement by others. If before the expiration of 60 days liom the date ofissunnce of the final decision, no petition for review of the final decision has been filed, and the City Attorney has not sought enforcement of the final decision as described in paragraph (c) of this section, any person entitled to relief under the final decision may petition the appropriate United States Court of Apoeals for the enforcement of the final decision. Sec. 24-58 Orderinpreceding~veyears. If the Commission issues an order against a respondent agaLq~t whom another order was issued within the preceding five (5) years under Section 24-55 (Administrative penalties), the Commission shall send a copy of each order issued under that section to the Texas Commission on Human Rights and to the Attorney General for the State of Texas. Sec. 24-62 Pattern and practice cases. (c) A person may intervene in an action under this section if the person is: (1) a person aggrieved by the discriminatory housing practice; or (2) a party to a conciliation agreemere concerning the discriminatory housing practice. (3) Additionally, relief is available to the intervenor. The Court may ~rant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action. Sec. 24-64 Prevailing party. The Court in a civil action or the Commission in an administrative hearing under Section 24- 54 (Administrative hIjearing), may award reasonable attomey's fees to the prevailing party and assess costs against the non-prevailing party. Sec. 24-65 Imimidation or interference. Interference, Coercion, or Imimidation: Enforced by Civil Action It shall be unlawful to coerce. intimidate. threaten or interfere with any person in the exercise or eniovment of~ or on account of his having exercised or enjoye& or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this ordinance. (a) A person commits an offense under this section whether or not acting under the color of the law, by force or threat of force, intentionally injures, intimidates or interferes ~vith or attempts to injure, intimidate or interfere with a person: Because of the person's race, color, religion, sex, disability, familial ~atus, or national origin and because the person is or has been selling, purchasing. renting, financing, occupying, or contracting, or negotiating for the sale, purchase, remak financing, or occupation of any dwelling, or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings; or (2) Because the person is or has been, or to intimidate the person from: (A) participating, without discrimination because of race, color, religion, sex, disability, farnilial status, or national origin, in an activity, service, organization, or facility described in Subdivision (1) of this subsection; (B) affording another person opportunity or protection to so participate; OF (c) lawfully siding or encouraging other persons to participate. without discrimination because of race, color, religion, sex, disability, familial status, or national origin, in an activity, service, organization, or facility described in Subdivision (1) of this subsection. (C) An offense under this section shah be investigated by the Commission and arrive at determination and closure. If the offense includes criminal activity involving a threat of physical force, the Commission will refer that portion of the complaint to the Corpus Christi Police Dcpartment for criminal investigation and if appropriate will refer to the State, Federal or Local prosccutor's office for criminal prosecution. Sec. 24-66 Crininal Penalty - Intimidation or interference Whomever. whether or not acting under color of law, by force or threat of force. willfully injures. intimidates or interferes wittk or attempts to iniure~ intimidate or interfere with - (a) any person because of his race. color. religion, sex, handicap, familial status. or national origin and because he is or has been selling, purchasing. renting~ financing occupying. or contracting or negotiating for the sale. purchase. rental financing or occupation of any dwelling, or applying for or participating in any service, organizatiom or facility relating to the business of selling or renting dwellings: or (b) any person because he is or has beem or in order to intimidate such person or any other person or any class ofnersons from - participating, without discrimination on account of race, color, religiom sex, handicap, familial status, or national origim in any of the activities, services, organizations or facilities described in subsection (a) of this section or (2) affording another person or class of persons opportunity or protection so to participate: or (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race. color. religion. sex, handicap. familial status. or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section. or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate - (dl An offense under this Section is a Class A Misdemeanor. Sec. 2~, ~6 24-67 thru 24-79. Reserved SECTION 2. Penalties for violation of Chapter 24 are modified as provided herein. Samuel L. Neal, Jr.~ Rex A. Kinnison Javier D. Colmenero ~ Betty Jean Longoria Henry GarreU /~C( L Mark Scott Dr. Arnold Gonzales ~ · Samuel L. Neal, Jr. ~ Rex A. Kinnison Javier D. Colmenero 0'~ !. Betty Jean Longoria Melody Cooper C'~ , John Longoria Henry Garrett _~ Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED, this the ~]~Day of -5{CDVCL0ata~ ,2000 ATTEST: THE CITY OF CORPUS CHR1 By: JA~'S~ ~Y~ CITY ATTORNEY n23931 PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 3326893 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice- President and Chief Financial Officer of the Corpus Christi Caller-~mes, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, dim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller- T/rues and on the World Wide Web on the Caller-l~mes Interactive on the 14TH daylsl 200O. 0V L'/q0, 0 OIt pASSAGE OF ORDINANCE NO. 023931 Ordinarx}es, Chapter 24, Sections 24-33, 24*37, 24-40, 24-46, 24-47, 24- 48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24- 55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article Housing and providing for penalties. This Few 14, 2000 Vice-President and Chief Financial Officer Subscribed and sworn to me on the date of FEBRUARY 15, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.