HomeMy WebLinkAbout677-98 Eliminate Discrimination I11111111111(lI011111 HDll 111111111111111 H1I Ill
98015451
Rcpt: 214868 Roc: 37.50
ORDINANCE NO.: 677 DS: 4.00 IT: o.Oo
42/11/98 Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS, FLORIDA DECLARING
IT BE THE POLICY OF THE ' CITY OF
ZEPHYRHILLS TO ELIMINATE
DISCRIMINATION IN HOUSING BASED UPON
RACE, COLOR, RELIGION, SEX, AGE, FAMILIAL
STATUS, HANDICAP, OR NATIONAL ORIGIN;
PROVIDING DEFINITIONS; SPECIFYING
EXEMPTION; SPECIFYING UNLAWFUL ACTS.OF
DISCRIMINATION IN THE SALE OR RENTAL OF
BROKERAGE SERVICE; PROVIDING FOR THE
ADMINISTRATION OF THIS ORDINANCE;
PROVIDING FOR PROCEDURES FOR INITIATION
AND ACTING UPON COMPLAINTS; PROVIDING
FOR HEARINGS; PROVIDING FOR OTHER
REMEDIES "PROVIDING PROCEDURES ' FOR
. FILING: :REPORTS WITH THE REAL ESTATE
COMMISSION OF THE STATE. OF FLORIDA;
REPEALING ' CONFLICTING " ORDINANCES;
PROVIDING FOR LIMITED INVALIDATION AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, be it ordained by the City Council of the City of
Zephyrhills, Florida, as follows:
SECTION I-Declaration of Policy: It is hereby declared to be the policy of the
City of Zephyrhills,Florida in the exercise of its police power for the public safety, public
health, and general welfare, to assure equal opportunity to obtain adequate housing by
all persons, regardless of race, color, sex, age, religion, national origin, familial statue,
or handicap, and, to that end, to eliminate discrimination in housing.
SECTION H-Definitions:
(a) = "Council" means the City Council of the City of Zephyrhills, Florida.
(b) "Dwelling" means any building, structure, or portion hereof which is
occupied as, or designated or intended for occupancy as, a residence by one or more
families, and any vacant land which is offered for sale or lease for the construction or
location thereon of any such building, structure, or portion thereof.
(c) "Family" includes a single individual.
(d) "Person" includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies, point-stock
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy,
receivers, and fiduciaries.
(e) "To Rent"includes to lease,to sublease,to let and otherwise to grant for
a consideration the right to occupy premises not owned by the occupant. '
JED PITTMAN, PASCO COUNTY CLERK02/11/98 09:04as 1 of 8
1 OR BK 3879 PG Bec7
Record and Return, to: ;
City Clerk's Office. .:.
•
5335 8th.Street
Zephyrhills, FL 33540
ice`
OR BK 3/379 PG B&B ', '
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(f) "Discriminatory housing practice" means an act that is unlawful under
Section 4, 5, or 6 of this Ordinance.
(g) "Handicap" means that a person has a physical:or,mental impairment
which substantially limits one or more major life activities or.that he/she has a record of
having, or is regarded as having, such physical or mental impairment.
(h) "Familial status" means one or more individuals (who have not attained
the age of 18 years)being domiciled with
(1) A parent or another person having legal custody of such individual or
individuals; or
(2) The designee of such parent or other persons having such custody,
with the written permission of such parent or other persons. The protection
afforded against discrimination on the basis of familial status shall apply to any
person who is pregnant or is in the process of securing legal custody of any
individual who has not attained the age of 18.
SECTION Ill-Exemptions:
(a) Nothing in Section 4 (other than Subsection [b]) shall apply to:
(1) Any single-family house sold or rented by an owner PROVIDED, that
such private individual owner does not own more than three such single-family
houses at any one time:
PROVIDED FURTHER, that in the case of the sale of any such
single-family house by a private individual owner not residing in such house at
_the_thne of such_sale_or-who was_not_the_rnost_recent_resident_of_such house prior
to such sale, the exemption granted by this Subsection shall apply only with
111
respect to one such sale within any twenty-four(24) month period:
PROVIDED FURTHER, that such bona fide private individual owner
does not own interest in, nor is there owned or reserved on his behalf; under any
express or voluntary agreement, title to any right to all Or a portion of the
proceeds from the sale or,rental or, more than three(3) such single-family houses
at any one time:
PROVIDED FURTHER, that after the effective date of this Ordinance.,
the sale or rental of any such single-family house shall be excepted from the
application of this Ordinance only if such house is sold or rented(A)without the
use of any manner of sales or rental facilities or the sales or rental services of any
real estate broker, agent, or salesman, or of such facilities or services of any
person in the business of selling or renting dwellings, or of any employee or agent
of any such broker, agent, salesman, or person and (B) without the publication,
posting or mailing, after notice, of any advertisement or written notice in
violation Of Section 4(C)_of this-title;__but nothing in thisprovision shall prohibit
the use of attorneys, escrow agents, abstractors, title companies, and other such
professional assistance as necessary to perfect or transfer the title, or
(2) Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four(4) families living independently
of each other, if the owner actually maintains and occupies one of such living
quartersas his residence., , . , . • - ,
(b) For the purposes of Subsection(a), a person shall)be'deened to`b'e iri'the
business of selling or renting dwellings if:
2.
OR BK, 87P68869
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(1) He has,within the preceding twelve(12)months,-participated as principal
in three or more transactions involving the sale'or rental'of any dwelling or any
interest-therein;or: ;c •
(2) He has, within the preceding twelve(12) months, participatedas agent,
other than in the sale of this personal residence in providing sales or rental
facilities or sales or rental services in two or more transactions involving the sale
or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designated or intended for occupancy by,
or occupied by, or occupied by, five(5) or more families.
(c) Nothing in this ordinance shall:
i. Prohibit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or society, from limiting
the sale, rental or occupancy of dwellings which it owns or operates for other
than a commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is restricted on
account of race, color, sex, age, religion, national origin, familial status, or
handicap.
ii. Prohibit a private club not in fact open to the public, which as an
incident to its primary purpose or purposes provides lodgings from which it owns
_or operates for other than a commercial purpose, from limiting the rental or
occupancy of such lodgings to its members or-from giving preference to its
members.
iii. Invalidate restrictions for "adult only" communities, or prohibit
sales to "adult only" buyers, provided that the community is in compliance with
applicable Housing and Urban Development regulations. - .
(d) Nothing in this Ordinance requires any person renting or selling a dwelling
to'modify, alter or adjust the dwelling-in order to provide physical accessibility except
as otherwise required by law.
SECTION IV-Discrimination in the Sale or Rental of Housing: As made
applicable by section 3 and except as exempted by sections 3 (a) and 7, it shall be
unlawful:
.:(a)... To refuse to sell or rent after making of a,bona fide offer, ortorefuse to
negotiate for the sale or rental of, or otherwise rake unavailable or deny, a dwelling to
any person because of race, color, sex, age, religion, national origin, familial status, or
handicap.
(b). To discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in provision of services'or facilities in connection
therewith,-.because of race, color,,sex, age, religion, national_origin, familial status, or
handicap. .
3
oR BK 3879
PG7II
4ofB •
(c) To make, print, or publish, or cause to be made, printed, or published any
notice, statement, or advertisement, with respect to the sale;or,rental of a dwelling that
indicates any preference, imitation, or discrimination based•on race,color, sex, age,
religion, national origin, familial status, or handicap, or an intention to make any such
preference, imitation, or discrimination.
(d) To represent to any person because of race, color, sex, age, religion,
national origin, familial status, or handicap that any dwelling is not available for
111 inspection, sale or rental when such dwelling is in fact so available.
(e) For profit to induce or attempt to induce any person'to sell orient any
dwelling by representations regarding the entry or prospective entry into the
neighborhood of a person or persons.of a particular race, color, sex, age, religion,
national origin, familial status, or handicap.
SECTION V-Discrimination in the Financing of Housing:. It shall be
unlawful for any bank, building and loan association, insurance company or other
corporation, association, firm or enterprise whose business consists in whole or in part
in the making of commercial real estate loans,to deny a loan or otherfinancial assistance
to a person applying therefore for the purpose of purchasing, constructing, improving,
repairing, or maintaining a&ailing, or to discriminate against him in the fixing of the
mount, financial assistance, because of race, color, sex, age, religion, national origin,
familial status, or handicap of such person of any person associated with him in
connection with such loan or other financial assistance or of the present or prospective
owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which
such loan or other financial assistance is to be made or given. PROVIDED, that nothing
contained in this Section shall impair the scope or effectiveness of the exception
contained in Section 3.
SECTION VI-Discrimination in Brokerage Service: It shall be unlawful to
deny any person access to or membership or participation in any multiple-listing service,
real estate brokers'organization or other service, organization, or facility relating to the
business of selling or renting dwellings, or to discriminate against him in the terms or
conditions of such access, membership, or participation, on account of race, color, sex,
age, religion, national origin, familial status, or handicap.
SECTION VII-Administration: Administrative responsibilities and duties shall
-be as follows: --
(a) The authority and responsibility for administering this Ordinance shall be
with the Council.
(b) The Council may delegate its functions, duties, and powers to an
appointed board, including functions, duties, and powers with respect to investigating,
conciliating,,hearing, determining, ordering,,certifying, reporting, or otherwise acting
as to any work, business or matter under this Ordinance.. . . -
4
OR BK 2879 PG 871
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(c) The Council or its appointed:board-shall:
(1) Implement the=provisions of this Ordinance andrules and regulations
.promulgated hereunder and:,all .Ordinances, .codes, .rules, .and,. regulations
pertaining to housing discrimination.
(2) Receive,initiate,and investigate any and all complaints alleging violations
of the Ordinance, and take appropriate action to eliminate, conciliate, prevent,
and/or initiate prosecution of any such violations.
(3) Provide assistance in all matters relating to equal housing opportunity.
(4)_ Publish: and: disseminate public_information_and educational_materials_ __ _—__ _
relating to housing discrimination.
(5) Enter into written working agreements, as may be necessary to effectuate
the purposes of this Ordinance, with federal, stats and county agencies
involved in reducing housing discrimination.
(6) Administer oaths and compel the attendance of witnesses and the
production of evidence'before, it by subpoenas''issued by the ,Council or its
- appointed board.
(7) Take other informational, educational, or persuasive actions to implement
the purposes of this Ordinance.
SECTION VIII-Procedure: The following shall apply:
(a) Any person aggrieved by an unlawful practice prohibited by this
Ordinance must file a written complaint with the Counselor its appointed board within
forty-five(45) days after the alleged unlawful practice occurs.
(b) Upon receipt of a complaint, the Council or its appointed board shall
serve upon the individual charged with a violation (hereinafter referred to as the
respondent), the complaint and a written resume setting forth the rights of the parties
including,but not limited to,the right of the respondent to a hearing on the matter before
adjudication by the Council or its appointed board.
(c) The Council'or its'appointed board shall immediately investigate the
complaint. Within"sixty (60) days from the date of the receipt of the complaint, the
Council or its appointed board shall establish written report with findings of fact.
(d) Copies of the Council or its appointed board's report shall be sent to the
complainant and the respondent. Either may within ten (10) days after such services,
request a hearing before the Council.
(e) When the complainant or the respondent request a hearing by the Council
or its appointed board, or when the Council or its appointed board itself determine that
a hearing is desirable, the Council or its appointed board shall call and conduct such
hearing in accordance with Section 9, below.
(f) ' The Council or its appointed board shall carry into execution the actions
specified'in its'report,'Or-,i'if a°hearing'is held, shall °earry into execution..the actions
determined upon by the Council'or its appointed'board in the hearing.
5
OR BK 3$79 PG 872
6 of 8
(g) = The Council or its appointedboard in•its,review or its hearing may
determine:
(1)- That the complaint lacks ground upon which;to base action for violation
of this Ordinance, or
(2) That the complaint has been adequately dealt with by conciliation of the
parties, or
(3) That the case warrant filing chargee against the offending party in the
appropriate court. In some cases both conciliation and adjudicative orders, or
both adjudicative orders and initiation of court action may be indicated.
(h) If the Council or its appointed board issues an adjudicative order to
correct, adjust, conciliate, prevent, or prohibit any unlawful act prohibited by this
Ordinance, and the respondent refuses or fails to comply with or obey such adjudication,
the Council or its appointed board shall forthwith request.that the State Attorney file a
complaint in:the appropriate court. The Council or its appointed board shall, at all times,
provide„the complainant..with full and timely information;as to all the alternatives.
available to himor.her under,local,.Stateand Federal law, including assistance to initiate
judicial action if desired, under the circumstances.
(i) The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall
govern the computation of any period of time prescribed by this Ordinance.
(j) All papers or pleadings required by this Ordinance to be served may be
served certified:mail,or in accordance=with.:the provisions_nfRule1-:08.0 (h), Florida
Rules of Civil Procedure.
SECTION IX-Hearings before the Council: The following shall apply:
(a) When a hearing is required before the Council or its appointed board, as
specified in Section 8 (e) above, the Council or its appointed board shall schedule the
hearing and serve upon all interested parties a notice of time and place of the hearing.
The hearing shall be held promptly; but not less than fifteen (15) days after service of
such notice and of the Council or its appointed board's written report (Section 8 [d]
above).
(b) The parties, or their authorized counsel,may file such statements with the
Council or its appointed board, prior to the hearing date, as they deem necessary in
support of their positions. The parties may appear before the Council or its appointed
l`c rd r._persen_arrbp duly_constituted representative,and may have the assistance of
attorneys. The parties may present testimony and evidence, and the right to
cross-examine witnesses shall be preserved. All testimony shall be given under oath or
by affirmation. The Council or its appointed board shall not be bound by strict rules of
evidence prevailing in courts of law or equity but due process shall be observed. The
Council or its appointed board shall keep a full record of the hearing, which records shall
be public and open to inspection by any person, and upon request by any principal party
to the proceedings the Council or its appointed board shall furnish such party a copy of
6
OR BK 3879 P6 873
7 of 8
the hearing record at cost: The constitutional.rights of the respondent,not to incriminate
himself shall be scrupulously observed. =
(c)`"'
The'Coiincil`Or-its appointed board''shall make:.a.finding of,fact, and
determination of action to be taken(Section 8 [g] above).
(d) The Council or its appointed board may issue subpoenas to compel access
to or the production or appearance or premises, records, documents, individuals, and
other evidence or possible sources of evidence relative to the complaint at issue.
(e) Upon,Written application to the Council, or its appointed board, a
respondent shall be entitled to the issuance ora—reasonable nutnber-of subpoenas;by and = - " -
in the name of the Council or, to the same extent and subject to the same limitations as
subpoenas issued by the Council or its appointed board itself. Subpoenas issued at the
request of a respondent shall show on their face the name and address of such
respondent and shall state that they were issued at this request.
(f) Witnesses summoned by subpoena of the Councilorrits appointed--board
shall be entitled to the same witness and mileagefees'as are witnessekin proceedings`'in
the State Courts of Florida. Fees payable to a witness summoned by a subpoena issued
at the request of a respondent shall be paid by him,unless he is indigent in which case the
Council shall bear the cost of said fees. -
-
(g) Within ten (10) days after service of a subpoena upon any person, such
person may petition the Council or its appointed board to revoke ormodify the
suDpoetia: 'The Eouncil pr its'appoi tet board""shall gra►t the-petition if-t:iinds`tl iat:the`,
subpoena requires appearance or attendance, at an unreasonable-time or placed that it
requires production of evidence which does not relate to any matter under investigation,
that it does not describe with sufficient particularity the evidence to be produced, that
compliance would be unduly onerous, or for other good reason. •
(h) In case of refusal to obey a subpoena, the.Council or its appointed board
or the person at whose request it'was'issued may petition for.'its enforcement in the
appropriate court:`..., - .. .
SECTION X-Other Remedies: Nothing herein shall prevent any person
from exercising any right or seeking any remedy to which he might otherwise be entitled,
or from filing of any complaint with any other agency or any court having proper
jurisdiction.
SECTION XI-Report to Real Estate Commission:_ - If a real estate-broker;•a
real estate salesman, or an employee thereof has been found to have committed an
unlawful practice in violation of this Ordinance, or has failed to comply with an order
issued by the Council or its appointed board, the Council or its appointed board shall, in
addition to the other procedures set forth herein, report the facts to the Real Estate
Commission'of the State of Florida. •
7
OR BK 3879 PG 674\
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SECTION XII-Conflicting Ordinances Repealed: If any provision of this
Ordinance or the application thereof to any parson or circumstances is held invalid, the
remainder of the Ordinance and the application of the provisions to other persons not
similarly situated or to other circumstances shall not be affected thereby.
SECTION XIII-Effective Date: This ordinance shall become effective upon
being passed by the City Council of the City of Zephyrhills after two (2) readings and
execution by the presiding officer and the clerk of that body .
The foregoing Ordinance No.,:_(0-77.. was read and_passed on its f rst reading in
open=aiid r gular meeting by the City Council'of the City of Zephyrhills, Florida, on the
1112aDyof ember, A.D., 1997.
0 , ''' //, , , / -_,
u / L B '' -President CYty Council
Attest:411P ' ! A
\-E),,---1,,,
r ,IND' D. ROAN-City Clerk
� 'The.foregoing Ordinance No.: (7 7 was read and passed on its first reading in
open and regular meeting by the City Council of the City of Zephyrhills, Florida, on the
/arty of January., A.D., 1998. (I 1/.1Z------ Al '
�
cle - L BREN --President City Council
i i. -
‘31°-Attest: . — o ...L:_ e :- — _
il`. Irl D D. B AN-Ci Clerk
z, o
\-,,.,\ The foregoing Ordinance No.: 69 7 7 was approved by me on this ia,
day of ?Au-L-4,J,-e( A.D., 1991.
A„,,,,sik.,. .&„
AMES A. BAILEY, Mayor
•
I
,J
8
r
1 MI ME 11111 11111 11111 11111 11111 1111111111111
ORDINANCE NO.: 6 7 7 98012834
AN ORDINANCE OF THE CITY COUNCIL OF T E
CITY OF ZEPHYRHILLS, FLORIDA.DECLAR G ,;� �
IT BE THE POLICY OF THE CITY OF 1 Z
ZEPHYRHILLS TO ELIMI ATE 'moW
DISCRIMINATION IN HOUSING BASE P UPON ' W
RACE, COLOR, RELIGION, SEX, AGE, F. MILIAL ocn
STATUS, HANDICAP, OR NATIONA ORIGIN: ��
PROVIDING. DEFINITIONS; 'ECIFYING
-EXEMPTION. SPECIFYING UN AW' UT ACTS OF--,,,_. -10 IN THE SALE R ' RENTAL OFa;•
BROKERAGE SERVICE; PROV ZING FOR THEdao
ADMINISTRATION OF THI: ORDINANCE,. f 61
PROVIDING FOR PROCED ' : FOR INITIATION
AND ACTING UPON COMPL: INTS; PROVIDING ,-------
FOR HEARINGS; PROVI I NG FOE OTHERON
REMEDIES PROVIDING 'ROCEDURES: FOR !m a
FILING, REPORTS WIT THE REAL ESTATE Iii it3
COMMISSION OF THE STATE OF FLORIDA; moa
REPEALING CONFLI' TING ORDINANCES; ;%1F
1710,1,13
PROVIDING FOR LIMI ED INVALIDATION AND
PROVIDING FOR AN r FFECTIVE DATE. o
r
ooo-
NOW THEREFORE, be it ordained by the City_ Council of the City of z
Zephyrhills, Florida, as follows:
07�
SECTION I-Declaration if Policy: It is hereby declared to be the policy of the �0
City of Zephyrhills,Florida in the -xercise of its police power for the public safety, public
health, and general welfare, to assure equal opportunity to obtain adequate housing by
all persons, regardless of ra -, color, sex, age, religion, national origin, familial statue,
or handicap, and, to that e d, to eliminate discrimination in housing.
SECTION II-De nitions:
(a) "Council' means the City Council of the City of Zephyrhills, Florida.
(b) "Dwell' g" means any building, structure, or portion hereof which is
occupied as, or desi ated or intended for occupancy as, a residence by one or more
families, and any v Cant land which is offered for sale or lease for the construction or
location thereon of any such building, structure, or portion thereof.
(c) "F mily" includes a single individual.
(d) " erson" includes one or more individuals, corporations, partnerships,
associations, 1 or organizations, legal representatives, mutual companies, point-stock
companies, sts, unincorporated organizations, trustees, trustees in bankruptcy,
receivers, d fiduciaries.
( "To Rent" includes to lease,to sublease, to let and otherwise to grant for
in
a consi eration the right to occupy premises not owned by the occupant.
1
Record and Return to:
City Clerk's Office
5335 8th Street rrigl
Zephyrhills, FL 33540 :
OR BK 3876 P6 226
2ofB
(f) "Discriminatory housing practice" means an act at is unlawful under
Section 4, 5, or 6 of this Ordinance.
(g) "Handicap" means that a person has a physi al or mental impairment
which substantially limits one or more major life activities or hat he/she has a record of
having, or is regarded as having, such physical or mentali}npairment.
(h) "Familial status" means one or more individuals (who have not attained
the age of 18 years)being domiciled with
(1) A parent or another person having le al custody of such individual or
individuals; or
(2) The designee of such parent or her persons having such custody,
with the written permission of such pare t or other persons. The protection
afforded against discrimination on the b is of familial status shall apply to any
person who is pregnant or is in the pr cess of securing legal custody of any
individual who has not attained the ag of 18.
SECTION III-Exemptions:
(a). , Nothing in Section 4 (other han Subsection [b]) shall apply to:
(1) Any single-family house s Id or rented by an owner PROVIDED, that
such private individual owner do s not own more than three such single-family
houses at any one time:
PROVIDED FURTHE that in the case of the sale of any such
single-family house by a privat individual owner not residing in such house at
the time_of such sale or who was not the most recent resident of such house prior
to such sale, the exemption by this Subsection shall.apply only with
respect to one such sale wit ' any twenty-four(24) month period:
PROVIDED FURT 'I R, that such bona fide private individual owner
does not own interest in, nor s there owned or reserved on his behalf, under any
express or voluntary agre-ment, title to any right to all'or a portion of the
proceeds from the sale or re tal or, more than three(3) such single-family houses
at any one time:
PROVIDED F ' HER,.thatafter.the effective date of this,Ordinance
the sale or rental of any such single-family house shall be excepted from the
application of this Ordin. ce only if such house is sold or rented(A)without the
use of any manner of sale or rental facilities or the sales or rental services of any
real estate broker, agent, or salesman, or of such facilities or services of any
person in the business ofiselling or renting dwellings, or of any employee or agent
of any such broker, age}it, salesman, or person and (B) without the publication,
posting or mailing, after notice, of any advertisement or written notice in
violation of Section 4Oof this title; but nothing in this provision shall prohibit
the use of attorneys, escrow agents, abstractors, title companies, and other such
professional assistan a as necessary to perfect or transfer the title, or
(2) Rooms or ,nits in dwellings containing living quarters occupied or
intended to be occ pied by no more than four(4)families living independently
of each other, if t e owner actually maintains and occupies one of such living
quarters as his res Bence.
(b) For the purposes of Subsection(a), a person shall be deemed to be in the
business of selling or renting dwellings if:
2
OR BK 387E. P6 227
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(1) He has,within the preceding twelve(12)months,participate as principal
in three or more transactions involving the sale oriental of any- welling or any
interest-therein;or _ , . . -
(2) He has, within the preceding twelve(12)`months, p rticipated as agent;
other than in the sale of this personal residence in pro iding sales or rental
facilities or sales or rental services in two or more transa ions involving the sale
or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designated o intended for occupancy by,
or occupied by, or occupied by, five(5)or more milies.
(c) Nothing in this ordinance shall:
i. Prohibit a religious organizati n, association, or society, or any
nonprofit institution or organization operat d, supervised or controlled by or in
conjunction with a religious organizatio association, or society, from limiting
the sale, rental or occupancy of dwell' gs which it owns or operates for other
than a commercial purpose to perso s of the same religion, or from giving
preference to such persons, unless embership in such religion is restricted on
account of race, color, sex, age, religion, national origin, familial status, or
handicap.
ii. Prohibit a privat= club not in fact open to the public, which as an
incident to its primary purpose •r purposes provides lodgings from which it owns
or operates for other than . commercial purpose, from limiting the rental or
occupancy of such lodgin_s to its members or from giving preference to its
members.
iii. Invalids a restrictions for "adult only" communities, or prohibit
sales to "adult only" b ers, providedcthat the community is in compliance with
PP
a licable Housinga�d Urban Development regulations.
(d) Nothing in t 's Ordinance requires any person renting or selling"a dwelling
to modify, alter or adjust he dwelling'in order to provide physical accessibility except
as otherwise required by aw.
SECTION IV iscrimination in the Sale or Rental of Housing: As made
applicable by section and except as exempted by sections 3 (a) and 7, it shall be
unlawful:
(a) To r fuse to sell or rent after,making of a bona fide offer, or to refuse to
negotiate for the�s le or rental of, or otherwise rakeunavailable or deny, a dwelling to
IIany person because of race, color, sex, age, religion, national origin, familial status, or
handicap.
(b) To discriminate against any person in the terms, conditions, or privileges
of sale rental of a dwelling, or in provision of services or facilities in connection
therewith,,because of race, color, sex, age, religion, national origin, familial status, or
handicap.
3
OR BK 3876 P6 228 •
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(c) To make, print, or publish, or cause to be made, printed, or published any
notice, statement, or advertisement, with respect to the sale or rental of a dwelling that
indicates any preference, imitation, or discrimination based'on race, color, sex, age,
religion, national origin, familial status, or handicap, or an intentio to make any such
preference, imitation, or discrimination.
(d) To represent to any person because of race, lor, sex, age, religion, ii---
national
origin, familial status, or handicap that any dw ing is not available for
IIinspection, sale or rental when such dwelling is in fact so a ailable.
(e) For profit to induce or attempt to induce ny person to sell or rent any
dwelling by representations regarding the entry o prospective entry into the
neighborhood of a person or persons of a particul. race, color, sex, age, religion,
national origin, familial status, or handicap.
SECTION V-Discrimination in the Fin, cing of Housing: It shall be
unlawful for any bank, building and loan asso iation, insurance company or other
corporation, association, firm or enterprise wh.se business consists in whole or in part
in the making of commercial real estate loans,to deny a loan or other financial assistance
to a person applying therefore for the purpo-e of purchasing, constructing, improving,
repairing, or maintaining a &ailing, or to a iscriminate against him in the fixing of the
mount, financial assistance, because of r. e, color, sex, age, religion, national origin,
familial status, or handicap of such p•rson of any person associated with him in —
connection with such loan or other fins cial assistance or of the present or prospective
II
owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which
such loan or other financial assistance's to be made or given. PROVIDED, that nothing
contained in this Section shall i pair the scope or effectiveness of the exception
contained in Section 3.
SECTION VI-Discrimi ation in Brokerage Service: It shall be unlawful to
deny any person access to or me bership or participation in any multiple-listing service,
real estate brokers'organizatio or other service, organization, or facility relating to the
business of selling or rentin dwellings, or to discriminate against him in the terms or
conditions of such access, embership, or participation, on account of race, color, sex,
age, religion, national ori in, familial status, or handicap.
SECTION VII- dministration: Administrative responsibilities and duties shall
(a) The a thority and responsibility for administering this Ordinance shall be ii
with the Council. II
(b) T Council may delegate its functions, duties, and powers to an
appointed board including functions, duties, and powers with respect to investigating,
conciliating, h ring, determining, ordering, certifying, reporting, or otherwise acting
as to any wo I, business or matter underthis`Ordinance.
4
OR BK 3876 PO 2 9
- : .(c) The Council or its appointed board shall: . , . 5 of 8
(1) Implement the provisions of this Ordinan•ce and rules and regulations..
promulgated hereunder and all Ordinances, codes, rules, and regulations
. ' - 'pertaining to housing`discrimination: ''.
(2) Receive,initiate, and investigate any and all complaints alleging violations
of the Ordinance, and take appropriate action to eliminate,'conciliate; prevent,
and/or initiate prosecution of any such violations.
(3) Provide assistance in all matters relating to equal housing pportunity.
.-- -- -- - -- ------(4)-- Publish and_disseminate__publicinfornlationand edu ational materials
relating to housing discrimination.
(5) Enter into written working agreements, as may be ecessary to effectuate
the purposes of this Ordinance, with federal, st. s and county agencies
involved in reducing housing discrimination.
(6) Administer oaths and compel the atte dance of witnesses and the
production of evidence,before.,it,by subppe :s ,issued by the ,Council or its
appointed board.
(7) . Take other informational, education.1 or persuasive actions to implement
the purposes of this Ordinance.
SECTION VIII-Procedure: The fo •wing shall apply:
(a) Any person aggrieved by an unlawful practice prohibited by this
Ordinance must file a written complaint gith the Counselor its appointed board within
forty-five(45) days after the alleged u /wful practice occurs.
(b) Upon receipt of a co plaint, the Council or its appointed board shall
serve upon the individual charged with a violation (hereinafter referred to as the
respondent), the complaint and a i 'tten resume setting forth the rights of the parties
including,but notlimited to,the ria t of the respondent to a hearing on the matter before
adjudicationby the Council or i.s appointed board. - . „
(c) The Council:o 'its appointed-board shall immediately investigate-the
complaint. .Within sixty (60)' days from the date of the receipt of the complaint, the
Council or its appointed bo.rd shall establish written report with findings of fact.
(d) Copies oft a Council or its appointed board's report shall be sent to the
complainant and the resp ndent. Either may within ten (10) days after such services,
request a hearing before the Council.
(e) When t e conipiainant orthe respondent request a hearing bythe:Council
or its appointed board or when the Council or its appointed board itself determine that
a hearing is desirabl-, the Council or its appointed board shall call and conduct such
hearing in accord. e with Section 9, below.
(f) Th- Council or its appointed board shall carry into execution the actions
specified in its r-port; or; if a hearingis held, shall carry into execution the actions
determined u•o by the Council or its appointed board in the:hearing.
5
OR BK 3876 PO 230 _
6 of B
(g) The Council or its appointed board in its review or its hearing may
determine: _ -
(1) ' That the complaint lacks ground upon which to ase action for violation
of this Ordinance, or -
(2) That the complaint has been adequately deal with by conciliation of the
parties, or
(3) That the case warrant filing chargee ag inst the offending party in the
appropriate court. In some cases both concili tion and adjudicative orders, or
both adjudicative orders and initiation of cou action maybe indicated.
(h) If the Council or its appointed bo rd issues an adjudicative order to
correct, adjust, conciliate, prevent, or prohibit ny unlawful act prohibited by this
Ordinance, and the respondent refuses or fails to c mply with or obey such adjudication,
the Council or its appointed board shall forthw. h request that the State Attorney file a
complaint in the appropriate court. The Counc' or its appointed board shall, at all times,
provide,the...complainant with full and tim/ ly information as to all the alternatives
available to him or her under local, State and Federal law, including assistance to initiate
judicial action if desired, under the circum tances.
(i) The provisions of Rule 1 090, Florida Rules of Civil Procedure, shall
govern the computation of any period o time prescribed by this Ordinance.
(j) All papers or pleadings equired by this Ordinance to be served may be
served-by certified mail or in accordant/e with_the provisions of Rule 1.080 (b), Florida.
Rules of Civil Procedure.
SECTION IX-Hearings be ' re the Council: The following shall apply:
(a) When a hearing is re fired before the Council or its appointed board, as
specified in Section 8 (e) above, te Council or its appointed board shall schedule the
hearing and serve upon all interest d parties a notice of time and place of the hearing.
The°hearing.shall be held prompt y, but not less than fifteen.(15) days after.service of
such notice and of the Council r its appointed board's written report (Section 8 [d]
above).
(b) The parties, or th it authorized counsel, may file such statements with the
Council or its appointed boar , prior to the hearing date, as they deem necessary in
support of their positions. Th parties may appear before the Council or its appointed
board in person or by duly c nstituted representative and may have the assistance of
attorneys. The parties m. present testimony ,and evidence, and the right to
cross-examine witnesses shal be preserved. All testimony shall be given under oath or
by affirmation. The Council sr its appointed board shall not be bound by strict rules of
evidence prevailing in court of law or equity but due process shall be observed. The
Council or its appointed bo. d shall keep a full record of the hearing, which records shall
be public and open to inspec ion by any person, and upon request by any principal party
to the proceedings the Cou,cil or its appointed board shall furnish such party a copy of
6
OR BK 3$76 PG. 231\
7of8
the hearing record at cost The constitutional rights of the respondent not to incriminate
himself shall be scrupulously observed. -_
(c)- I The;Council or its appointed_.boardshall-;make a finding of fact, and
determination of action to be taken(Section 8 [g] above).
(d) The Council or its appointed board.may issue subpoenas to compel access
to or the production or appearance or premises, records, documents,/individuals, and
other evidence or possible sources of evidence relative to the complaint at issue.
(e) , ;Upon Written application to the:Council or/s appointed board, a
respondent shall be entitled to the issuance of a reasonable nu ber'Of'subpoenas by aril --- --
in the name of the Council or, to the same extent and subje t to the same limitations as
•subpoenas issued by the Council or its appointed boarzt
' elf.\Subpoenas issued at the
request of a respondent shall show on their face name and address of such
respondent and shall state that they were issued at this request.
(f) Witnesses summoned by subpoena of the Council or its=appointed board
shall be entitled to the same witness and mileage fees as are witnesses n proceedings in
the State Courts of Florida. Fees payable to /witness summoned by a subpoena'issued
r request of a respondent shall bepaid b,�him,unless he is indigent in which case the
at theeq p Y
Council shall bear the cost of said fees. , - - - - J _
(g) Within ten (10) days -er service of a subpoena upon any person, such
9its appointed board-to revoke or-:modi the
person may petition the Council. o pp f1'
subpoena. The Council or its-appointed-boardshallshall grant`thenetition if it finds that-the
subpoena requires appearance or attendance, at an unreasonable time or Place,-that it
requires production of evidence/ hich does not relate to any matter under investigation,
that it does not describe with 'sufficient particularity the evidence to be produced, that
compliance would be unduly/onerous, or for other good reason.
(h) In case of re sal to obey a subpoena,the Council or its appointed board
or the person atwhose r quest it was issued may petition for its'enforcement in the
appropriate court. .
SECTION X- ther Remedies: Nothing herein shall prevent any person
from exercising any ri t or seeking any remedy to which he might otherwise be entitled,
or from filing of a Y complaint with any other agency or any court having proper
jurisdiction.
SECTION XI-Report-to Real Estate Commission: If a real estate broker, a
real estate sales an, or an employee thereof has been found to have committed an
unlawful practi in violation of this Ordinance, or has failed to comply with an order
issued by the C uncil or its appointed board, the Council or its appointed board shall, in
addition to t e other procedures set forth herein, report the facts to the Real Estate
Comp *ssio of the State of Florida.
7
OR BK 3876 PS 232 . , -
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SECTION XII-Conflicting Ordinances Repealed: Ifany provision of this
Ordinance or the application thereof to any parson or circumstances is held invalid, the
remainder of the Ordinance and the application of the provisions to other persons not
similarly situated or to other circumstances shall not be aff cted thereby.
SECTION XIII-Effective Date: This ordin ce shall become effective upon
being passed by the City Council of the City of Zephyrhills after two (2) readings and
execution by the presiding officer and the clerk of th.t body .
The foregoing Ordinance No.: ( 7 7 was re d and passed on its first reading in
open and regular:meeting by the City Council of th- City of Zephyrhills, Florida, on the
'day;�f 5 e em iE..t/A.D., 1997.
/ � 'e. ., -
it .�It_ -
f r U • L B IA-President City Council
lid �..rF •
•
Attegi '�i ' _ /!•r
\`'SINDA D. BOAT 0ty Clerk-
� t,.a,� Vii.
The.fi'reg g ordinance No.: (07 7 was read and passed on its first reading in
open andregular meeting by the CitY Cou cil of City of Zephyrhills, Florida, on the
Jay of, Ja.quairy,'A:D'.,"'199'8:
//
®6 ZtP0 " ,
V y'P,,,A �� I
Y _„ r �. ALANL 19; ,SIA-President City Council
e, .-LI A D.BOA.%0 Clerk
The'foregoing Ordinance No : C'77 was approved by me on this /a '
day of ' ��. _ .• ' A.D., 199'.
• r
ii44 /I\a/ '/ /
AMES A. BAILEY, Mayor
4
' t , , ,
8