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HomeMy WebLinkAboutOrdinance #0650 ORDINANCE N0. ~ ~~ AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 6, CHAPTER 8 OF THE CANTON MUNICIPAL CODE CONCERNING FAIR HOUSING AND REPEALING TITLE 6, CHAPTER 8, SECTION 3 (B) OF THE CANTON MUNICIPAL CODE. WHEREAS, the Legal and Ordinance Committee has determined that it is necessary, desirable and to the best interests of the City of Canton to modify and amend certain sections of Title 6, Chapter 8 of the Canton Municipal Code concerning fair housing and to repeal and delete Title 6, Chapter 8, Section 3 (B) of the Canton Municipal Code; and WHEREAS, the City Council of the City of Canton, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That Title 6, Chapter 8, Section 1 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "6-8-1: DECLARATION OF POLICY: (A) It is hereby declared to be the policy of the City, in order to promote the general welfare of the community, to assure full and equal opportunity to all residents of the City in the obtaining of fair and adequate housing for them- selves and their families without discrimination against them solely because of their age, sex, race, color, religion, national origin or ancestry. (B) It is further declared to be the policy of the City that, in a spirit of harmony, this Council and its Committee on Community and Industrial Development shall endeavor to work with and cooperate with the home owners and realtors of the City to the end that the declared purpose of this Chapter can be accomplished in an orderly, lawful and proper fashion." 2. That Title 6, Chapter 8, Section 2 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "6-8-2: DEFINITIONS: As used in this Chapter, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this Section: COMMITTEE: The "Committee" means the City of Canton Committee on Community and Industrial Development. DISCRIMINATE: The terms "discriminate" and "discrimination" mean any difference in the terms of the sale, lease, rental or financing of any real property offered to a person applying for such sale, rental, lease or financing because of the age, sex, race, color, religion, national origin or ancestry of such person. ,' t , REAL ESTATE BROKER: The term "real estate broker" means any natural person, partnership, association or corporation or agent thereof, who for a fee or other valuable consideration offers, sells, purchases, exchanges or rents, or negotiates for the sale, purchase, exchange or rental of the real property of another or holds himself or herself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another, or collects rental for the use of the real property of another. OWNER: An "owner" means the person holding title or having legal or equitable ownership or legally representing the person who holds title to property or has legal ownership. UNLAWFUL HOUSING PRACTICE: The term "unlawful housing practice" is the committee of any act prohibited by Section 6-8-3 hereafter." 3. That Title 6, Chapter 8, Section 3 (A) of the Canton Municipal Code be, and the same is hereby amended to read as follows: "6-8-3: UNFAIR REAL ESTATE PRACTICE: (A) It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, assignee, managing agent or other person, firm or corporation or any agent of these: 1. To withhold listings or refuse to sell, rent, lease, assign or sublease any real property or part, portion or interest therein to any person solely because of his or her age, sex, race, color, religion, national origin or ancestry. 2. To discriminate against any person solely because of his or her age, sex, race, color, religion, national origin or ancestry, in the terms, conditions, or privileges of sale, rental, lease, assignment or sublease of any real property or any part, portion or interest therein. 3. To discriminate or participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repairs or maintenance of any real property because of age, sex, race, color, religion, national origin or ancestry. 4. 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 any part, portion or interest therein, by persons of any particular age, sex, race, color, religion, national origin or ancestry, is unwelcome, objectionable, not acceptable or not solicited. 5. To solicit for sale, lease or listing for sale or lease any real property on the ground of loss of value due to the present or prospective entry into the neighborhood of any person or persons of any particular age, sex, race, color, religion, or national origin or ancestry. 6. To make, distribute or cause to be made or distributed any written material or statements designed to induce any owner of real estate to sell or lease his property because of any present or prospective change in the age, sex, race, color, religion or national origin of the proposed buyer or tenant." 4. That Title 6, Chapter 8, Section 3 (B) of the Canton Municipal Code be, and the same is hereby repealed and deleted from the Canton Municipal Code. 5. That Title 6, Chapter 8, Section 4 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "6-8-4: DUTIES OF CANTON COMMITTEE ON COMMUNITY AND INDUSTRIAL DEVELOPMENT: It shall be the duty of the Committee to: (A) Receive or initiate, record and investigate complaints charging any unlawful housing practice. (B) Seek conciliation of parties involved in such complaints by conciliation, conferences, hold hearings where necessary, make findings of fact, issue recommendations, and report its findings of fact and recommendations in accordance with the provisions of this Chapter." 6. That Title 6, Chapter 8, Section 5 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "6-8-5: ENFORCEMENT PROCEDURE: (A) The Committee shall adopt such rules and regulations as may be necessary to carry out the purposes and provisions of this Chapter. (B) Any person aggrieved in any manner by any violation of any provision of this Chapter may file a written complaint setting forth his grievance with the Chairman of the Canton Committee on Community and Industrial Development who shall mark the date of filing thereon. Said complaint shall be filed within one hundred twenty (.120) days after the violation alleged in the complaint. Said complaint shall state name and address of the complainant and of the persons against whom the complaint is brought and shall also state the alleged facts surrounding the alleged violation of this Chapter. (C) Said Committee is hereby fully authorized immediately to investigate any such complaint filed. If the Committee determines that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and dismiss the complaint. If the Committee determines after such investigation that probable cause exists for the allegation made in the complaint, the Committee shall set a date for a conciliation conference. At such conference the Committee or a subcommittee of the Committee shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion. If such attempts at conciliation are not successful within sixty (60) days after the filing of the complaint, the Committee shall then proceed promptly with full hearing of the complaint. (D) Such hearing shall be conducted by the Committee, or a sub- committee thereof, upon due and reasonable notice to all parties. The Committee shall have full power to subpoena witnesses and pertinent documents and to take sworn testimony. Any party alleged to have violated this Chapter shall be entitled to be represented by counsel and shall have the right to call witnesses .. , on his behalf and to cross examine witnesses. At the conclusion of the hearings, the Committee shall make a written report and recommendations which shall be served by mail upon the complainant and respondent. No report shall be delayed more than sixty (60) days after date of the issuance of notice for commencement of the first conciliation conference. (E) A copy of said written report and recommendations shall be delivered to the Council and if any act of discrimination has been determined, the report shall include a recommendation to the Council that the City Attorney prosecute any person or persons who have violated any of the provisions of this Chapter." 7. That the remainder of Title 6, Chapter 8, Fair Housing, of the Canton Municipal Code remain in full force and effect. 8. That this Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this ;~v day of ~~~~7 Q-~.., 1978. `~ , MAYOR APPROVED: ~~ HARLAN E. CROUCH ATTEST: ~ •~"~' ~~ , CITY CLERK NAN Y S. WHITES