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HomeMy WebLinkAbout283_Fair HousingCITY OF OWASSO, OKLAHOMA ORDINANCE N0, 283 AN ORDINANCE ADOPTING ARTICLES 1 OF CHAPTER 23 OF THE OWASSO CITY CODE PROVIDING EQUAL ACCESS TO HOUSING, PROHIBITING DISCRIMINATORY HOUSING PRACTICES; PROVIDING FOR THE CREATION OF A FAIR HOUSING BOARD; PROVIDING ENFORCEMENT PROCEDURES; PRESCRIBING PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; That Article 1 of Chapter 23 of the Owasso City Code be made and the same is hereby adopted to read as follows, to -wit; ATRICLE 1 EQUAL ACCESS TO HOUSING SECTION 23 -1. Intent The general intention of the CITY COUNCIL in providing for the pass- age of this article is as follows: (A) To secure for all residents of the CITY OF OWASSO Oklahoma, equal access to housing in all neighborhoods and areas of said city. (B) To preserve the public welfare, to provide for the preser- vation of public peace, health and safety. SECTION 23 -2m Acts Prohibited It shall be unlawful for any person, firm, corporation or association to commit any of the following acts° (A) To refuse to sell, lease, rent, assign or otherwise transfer the title or other interest in any housing, or real property upon. which residential housing is to be constructed, to any person, or to discriminate in the terms or conditions of -the sale, rental or leasing of any residential housing unit, because of race, color, religion, or national origin. (B) To refuse to negotiate with any person for the sale, rental, or leasing of any residential property, or to represent that such property is not available for inspection, sale, rental or lease when in fact it is so available for inspection, sale, rental or lease when in fact it is so available, because of such persons race, color, religion;, or national origin. (C) To solicit or induce, or attempt to solicit or induce, any person owning any interest in residential housing to sell, rent or lease, or not to sell, rent or lease such housing to any person on the ground of loss of value due to the present or prospective entry into the neighborhood of a person or persons of another race, color, religion, or national origin, either by direct solicitation or inducement or by the purchase of other property in the neighborhood for the purpose of such inducement, to distribute, or cause to be distributed, material or make statements designed to induce a residential property owner to sell or lease his property due to such change in neighborhood. (D) To file a complaint alleging a violation of this ordinance, with knowledge that such complaint is false in any material respect, or to file such complaint for the sole purpose of harrassmentm SECTION 23 -3• Acts Exempted. Nothing contained herein shall apply to the following: (A) To prohibit persons from giving preference to prospective buyers or tenants for reasons other than race, color, religion, or national origin. (B) To the sale of a dwelling which is, or was at the time when first offered for sale, the principal residence of its owner. (C) To the rental of rooms in an owner - occupied residence or in a dwelling and exclusively as a rooming house. (D) To the rental or leasing of a housing unit in a building containing less than four housing units. (E) To the rental or leasing of a dwelling or housing units owned by a religious or fraternal organization, or private club used and occupied for such organizational purposes. SECTION 23 -4. Fair Housing Council Created. There is hereby created a Fair Housing Council of the CITY OF OWASSO, (herein after referred to as "Council "). Said Council shall be composed of the members of the CITY COUNCIL. All appointments to the Council shall be the same as and run concurrently with the term of office of the said CITY COUNCIL of the CITY OF OWASSO, Oklahoma. SECTION 23 -5. Fair Housing Council Powers. The powers of the Fair Housing Council shall be as follows: (A) Prescribed rules. Have the power to prescribe such rules and regulations as it shall deem necessary or expedient for the conduct and carrying out of its functions, and it shall have the power to revoke, suspend, or amend any rule or regulation as administered by said Council, regardless of the manner in which prescribed. (B) Settlement. Seek settlement and disposition of any complaint filed with said Council by means of conferences and conciliation, (C) Investigation. (1) Have the power, either by itself or by any officer or person designated for the purposes by it, to investigate and to examine or inquire into the affairs or operation of any person, firm, corporation or association within - its jurisdiction; and further when so authorized by the CITY COUNCIL for the CITY OF OWASSO, Oklahoma, said Council shall have the power to employ consultants and professional counsel to aid in such investigations, examinations, or inquiries. (2) For the purposes of gathering evidence on any subject, the Council shall have the power to subpoena and examine witnesses, books, papers, and other effects. (D) Complaints. The Council shall have the authority to initiate in its name, or to receive and initiate upon the filing of formal charges, complaints against any person, firm, corporation or association violating any of the provisions of this article. SECTION 23 -6. Complaint Precedure. (A) Any person agrieved by any discriminatory practice as prohibited by this section, may file with the Fair Housing Council, a complaint in writing which shall be filed under oath. Said complaint shall be signed by the person claiming to be agrieved, and shall state the name and address -2- nn,K4472 P}} Er 727 of the person alledged to have violated the provisions of this section, and shall further set forth the particulars of said violation, and may include such other information as may be required by the Council, Complaints filed under this section must be filed withing 30 days after the alledged violation, and failure to file within said time period shall be considered a waiver of the application of this section. The Council may issue a complaint on its own initiative, at any time that it comes withing the knowledge of the Council that a person has violated any of the provisions of this section. (B) The Council shall investigate each complaint filed with the Council, and shall attempt an adjustment of said complaint by means of conference and conciliation. Sixty days will be allowed for the purpose of investigation, conference, and conciliation. Upon determination that a complaint is not well founded, the Council shall dismiss said complaint and notify the complainant and respondent in writing of said dismissal. If the Council takes no action within ninety (90) days of the filing of the complaint, it shall be considered as dismissed. SECTION 23-7. Hearing by Council. (A) If the Council is unsuccessful by means of conference or concil- iation in secureing compliance with this section by any person, firm corporation or association against which a complaint has been filed, then a notice in writing shall be served upon the person complained against (hereinafter referred to as the"RESPONDENT") " . Notifying said respondent of the alledged violation of the provisions of this article and requesting that said respondent answer charges of said complaint at a hearing before the Council. (B) Notice Procedure. The Council shall give notice of any such hearing at le��st ten (10) days before the date and time which such hearing has been set. Any and all notices -required under the provisions of this article may be served personally on any person complained against, or by mailing a copy thereof by certified -registered mail, with return receipt P requested, to the most current business or residential address of said person. (C) Content of Notice. The notice shall contain the request for the respondent to appear at a hearing for the purposes of determining whether or not a violation of this article has been commited, which hearing shall be held at a certain time and place which shall be specified in said notice. The notice shall advise the respondent that upon failure to comply with the notice, said respondent shall be considered to be in violation of the provisions of this article. (D) Hearing by Council. (1) At any such hearing, as provided for above, the complaint shall be heard by the Council. At the hearing, the respondent, person, firm, corporation, or association shall appear either in person, or by counsel and shall be required to file a written answer to the complaint. The complainant or person agrieved by the actions of said person, firm, corporation or association may also appear in person or by counsel at said hearing. The Council will then proceed to hold a hearing to determine whether the respondent has committed an act in violation of the provisions of this article and which act is detrimental to the health, benefit and welfare of the public, the community, and the citizens of the CITY OF OWASSO, Oklahoma. (2) The Council, when conducting any hearing, shall permit both the person agrieved and the respondent to introduce any such witnesses, evidence, testimony, or exhibits as either party deems necessary and prudent. Further the Council may at such time permit amendments to any written complaint -3- Uu',4472 p,:vt 728 or answer as filed with the Council and all testimony taken at the hearing shall be under oath. Either party represented at said hearing shall have the right to request that the testimony be transcribed, or said testimony shall be transcribed at the direction of the Council. (a) Findings of the Council. If the Council finds at any such hearing that the respondent has engaged in discriminatory practices as prohibited by this article, it shall state its findings of fact in written report form and forward said report to the City Attorney of the CITY OF OWASSO, Oklahoma, for appropriate action. (!,) If the Council, upon hearing, finds that respondent has not engaged in any discriminatory practices as prohibited herein, it shall so state its findings in written form, and further shall issue and file an order dismissing the complaint. (E) Rules and Regulations. The Council shall have the authority and right to promulgate such rules and regulations and shall govern, expedite, and assist the foregoing procedures as it deems necessary. It shall further maintain all files as provided for herein. SECTION 23 -8. Penalty. Any person, firm or corporation or other legal entity which shall violate any of the provisions of this article or fails to comply therewith or with any of the requirements thereof shall be deemed guilty of an offense punishable by a fine not to exceed $100.00, including costs. Severability Clause. If any provisions of this ordinance or the application thereof, to any person or circumstances, is held invalid by Court of competent jurisdiction, the invalidity shall not affect other provisions or application or the ordinance which can be given effect without the invalid provision of application, and to this end, the provisions of this ordinance are severable. Emergency. It being immediately necessary for the preservation of the peace, health and safety, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force from and after its passage, approval and publication. PASSED, APPROVED AND ADOPTED this day o f '� . g 8 0. -� �a Mayor',, 3� FIRST READING SECOND READING Owasso April 1 i'Ll Page Fivs. Mr. Char- -tey commented he did not approve of >:ragraph 3 of the contract which would leave the first party, the City of Tul:�a, completely harmless of any lia- bility. He felt it should be reworde'L to 4n(1.;.cate the first party would be held harmless after the second patty, City of OwasSo, actually rece.-.ved the cal]'_ Motion was made by Robbie Fickle, seconded by Boyd Spencer, expressing Owasso's intent to participate in the 911 Emergency Service and directing City Attorney to revise the presented contract pith the Cit'7 of Tulsa, to be place on the April 15, 1980, Owasso City Council agenda. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. Mayor Spencer commented that he did everythin., he could on the,371 situation as he thinks it is unfair, and that is why he qu-ILt going to the 9.'.1 meetings. He said he would like to see someone w)rking wi­_i­, Collinsville. Berry Lasker said you cannot dial 911 and get into the Collinsville exchange. Mr. Lasker also com- mented there will be an educational campaign I.,,n the use of the 911 number® Motion was made by Don Thompson, se--onded by ' ,obbie Fickle, to install a 371 emergency number in City Hall stric�.ly for eri,z�,rgencies in order, to keep out the. long distance delay time, provided --he cost is reasonable. , Ayes - Messrs. Spencer, Thompson, Lambert, Bu-.,,.ke, Mrs. Fickle Nays - None Motion carried. ITEM 7 - APPROVE ADOPTION OF FAIR 11.10USING R.�Gl,) LAT IONS. Ken Thompson explained this is a standard pr&:equisite for eligibility for Fed- eral Community Development Block grant funds, and that it does not secure us the funds but makes us eligible to apply it gf.,,Tas the local community the author- ity to take legal action. It- is noi: a restr-L,_,tive type ordinalce and it is for multi-family dwelling regulations basically. Mr. Burke questioned the exclusion of the, single family home listed for sale by the owner. Ken Thompson said he felt it almol-.--t eliminated any teeth to the ord- inance and that he checked wffi INCOG and the-) assured him, that the Federal government had approved this provis:-on being in there, but if we wanted to make it more restrictive we could eliminate that p,­Iragraph- He said he felt if it is acceptable to the Federal governing..: Lt we sl,,.,-,u!Ld leave it as it is. Don Thompson said that by-in-large It is not 1:,eally for our benefit as far as C, enforcement is concerned, it's strii,_tly ro comply with Federal regulations for perhaps block grants, etc.; ai.d is Lt not a n,)ol for that purpose as opposed to Owasso "-y 11-'ouncJ.,l April 11 qp',, Page Six actually a law that we would try tc enforce. Ken Thompson responded we would only enforce it upon a zomplaint and it does --,ive you the local authorlty� The federal government would prefer the local au.,-iority take action instead of hav- ing the state and federal bureaus to e-riforcc ,sousing regulatic -.s® Theoretically it could be a benefit to the citizEns of the :--ommunity if there were outright violations® He said we did not initiate this. we were told that if we wanted to apply fo,7 these funds we 'should adopt a 'air housing ordinance. It is for the federal government ®s benefit in a way as it .,could put the first burden of enfor- cement upon the local government® Don Thompson asked if that first burden in ti.at type of suit w_)uldn't be very expensive for a city to. try to handle as tho,­! suits are usually handled by the federal government® Mr. Thompson responded teat it could be but he has found that you don't usually have to tak.E these thi:.igs to court. He said usually a letter from the City Attorney will,take care of it. If it should go beyond that, you would have the option if the City would prosecute and if we donTt, someone else might come in and prosecute for lis, such as the si:ate or federal agents, but then we might jeopard.-i.2e our fede~al funding if we didn't prosecute a violation® Mrs. Fickle commented the ordinan(.,.E is actual'y a double fault item--a non-dis- criminatory policy and a tool for grants® Mr,. Thompson agreed and commented they should not go into it naivel-v as ti,,ey ma ,ht have a need sometime to en- force it® Again he mentioned it does not usually go beyond a warning stage as people do not want to get involved in federal type cases. , Motion was made by Robbie Fickle, seconded by Dennis Burke, to adopt Fair Hous- ing Regulations by Ordinance No. 283, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Lambert, B4:_-ke, Mrs® Fickle Nays - None Motion carried. ITEM 8 - REVIEW MEDICAL TREATMENT OF PRISONEP.1: . City Manager recommended a committee be appoi-t�ted to develop policies and guidelines. A committee was appointed of Harold Charney, Dennis Burke, Vic Lombreglia and Ken Thompson® ITEM 9 - APPROVE EXTENSION OF CONTR&CT WITH DEVELOPY-ENT TO PURCHASE FOUR ADDITIONAL LESSONS AT A COST OF 8417.00, Motion was made by Boyd Spencer, sec-ndle-d by Don Thompson, to purchase four additional lessons from Personnel at a total cosy- of $417.00. Ayes - Messrs® Spencer, Thompson, �_Luribert, Bi-:-ke, Mrs® Fickle 0 AGENDA ITEMS FOR THE APRIL 1, 193C, COUNCIL Y,=­,ETING Page 2 2® Sanitary Sewer .,.Charge IncreaSE�a -- You ha-e been given aa memo previously, outlining the recommended se�Er service •.harge increases., The proposet, increases were given to Mr. GEorge Strel-la, with the firm of Mansur-Daubert- Williams, Inc., for his review and conm.ents . I am enclosing a copy of his letter outlining his recommencations on -_he sewer rates. In Try opinion, he has made some valid recommen&,tions rega-,--ding the minimum base charge for non-residential users. We car easily in,orporate these into the ordinance if you agree. It would allow a non-resfLidential user to have a specified number of gallons of sewage wit"iin the n:',nimum base charge before the charge per 1000 gallons applic-s, Other ':han these recommendations from Mr. Strella, we still stand by the rate proposals as given to you in the previous memo® 36 Reduction of Utility Rates fcz Low Incom(. Persons - I sent you a memo earl.ier this month regarding iecommendat~*_ons for a 25% reduction in water, trash and sanitary sewer rates to apply to log; income persons, -which would be both elderly and handicapped per.3ons. Th.e memo also included an application form and the income guidelines to be us.:c. to qualify persons for the rate diszount® When you adopt the new sewer rates, I would recommend that you also adopt the utility ratediscount for �"Low income persons. I would recommend you adopt both at the same mee,:ing. 5. Auditing Contracts for Fiscal 19SO-81 - '>Hr® Steve Jay will be present at the Council meeting to present a propose,, contract for auditing services for both the City general government, ar.,," OPWA accounts. He will have an estimate of costs and all services to bE provided. 6. Committee to Review Medical Ixeatment oj': Prisoners In earlier discussions regarding medical treatment fLr prisoner;, it was recommended by the City Attorney that a committee be appointed develop policies for the Police Department to follow in allowing for me-1-i.cal treatment of�City prisoners. It was generally agreed that this commi-­:ee should be made up of at least one Council member, the Chief o' Police, and the City Attorney. There may be other appointments desir-�d by the Council, such az,a medical doctor and possibly a citizen -at- large. The rnE­,�d for such a committee has been brought to our attention by ­yev_aral casc­.; within the past few months, of persons in the City's custody receiving -carious types of medical treatment. While the prisoners are in t1 City's CL.3tody, it appears that the City is liable for all medical treatm,,nt costs. it would be financially advantageous to the City to have strict guidelines aG to the type of medical treatment aut'.1orized for prisoners® 0� 4. Equal Housing Regulations - You receiv, ,-i earlier a draft of a model ordi- nance, providing for equal housing regul.,_tions within the City of Owasso, and the creation of a Fair Housing Boardi. This ordinance is modeled from sta-ce and federal fair housing regiF.lattoi''.s® It is necessary for the City to adopt these regulations to comply wit,_ all of the prerequisites for qualifying for community development bl(-::k grant funds from the Department of Lousing and Urban Development. In my opinion, the City Council could serve in the capacity of the Fair Roush,,; Board. Howe ' ver, if you. desire to appoint a separate board to serve in this, capacity, I see no particular problems. The City Attorney should hav,: comments regarding the contents of the ordinance, and these should be d,.cussed prior to '_he adoption. 5. Auditing Contracts for Fiscal 19SO-81 - '>Hr® Steve Jay will be present at the Council meeting to present a propose,, contract for auditing services for both the City general government, ar.,," OPWA accounts. He will have an estimate of costs and all services to bE provided. 6. Committee to Review Medical Ixeatment oj': Prisoners In earlier discussions regarding medical treatment fLr prisoner;, it was recommended by the City Attorney that a committee be appointed develop policies for the Police Department to follow in allowing for me-1-i.cal treatment of�City prisoners. It was generally agreed that this commi-­:ee should be made up of at least one Council member, the Chief o' Police, and the City Attorney. There may be other appointments desir-�d by the Council, such az,a medical doctor and possibly a citizen -at- large. The rnE­,�d for such a committee has been brought to our attention by ­yev_aral casc­.; within the past few months, of persons in the City's custody receiving -carious types of medical treatment. While the prisoners are in t1 City's CL.3tody, it appears that the City is liable for all medical treatm,,nt costs. it would be financially advantageous to the City to have strict guidelines aG to the type of medical treatment aut'.1orized for prisoners® 0�