[Ord. No. 38 §1, 10-6-1980; CC §56.020; Ord. No. 458 §1, 1-16-1995; Ord. No. 1311, 2-21-2023]
The City Council of the City of Scott City hereby declares it
to be the public policy of the City to eliminate discrimination and
safeguard the right of any person to sell, purchase, lease, rent or
obtain real property without regard to race, color, religion, sex,
handicap, familial status, or national origin.. This Chapter shall
be deemed an exercise of the police powers of the City of Scott City,
Missouri, for the protection of the public welfare, prosperity, health
and peace of the people of Scott City.
[Ord. No. 38 §2, 10-6-1980; CC §56.030; Ord. No. 458 §2, 1-16-1995; Ord. No. 1311, 2-21-2023]
For this Chapter, the following terms, phrases, words, and their
derivations shall have the meaning given herein unless the context
otherwise indicates.
AGGRIEVED PERSON
Includes any person who is attempting to provide housing
for himself/herself and/or his/her family in the City of Scott City,
Missouri.
DISCRIMINATE
Distinctions in treatment because of race, color, religion
, sex, handicap, familial status, or national origin of any person.
PERSON
Includes any individual, firm, partnership or corporation.
[Ord. No. 38 §3, 10-6-1980; CC §56.040; Ord. No. 458 §3, 1-16-1995; Ord. No. 1311, 2-21-2023]
A. It
shall be a discriminatory practice and a violation of this Chapter
for any person to:
1. Refuse to sell or rent after the making of a bona fide offer, or
to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color,
religion, sex, handicap, familial status, or national origin of any
person.
2. Discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion,
sex, handicap, familial status, or national origin.
3. 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, limitation,
or discrimination based on race, color, religion, sex, handicap, familial
status, or national origin, or an intention to make any such preference,
limitation, or discrimination.
4. Represent to any person because of race, color, religion, sex, handicap,
familial status, or national origin, that any dwelling is not available
for inspection, sale, or rental when such dwelling is in fact so available.
5. For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood or a person or persons of a race, color,
religion, sex, handicap, familial status, or national origin.
6. Discriminate in the sale or rental of housing based on a handicap
of that buyer or renter; a person residing in or intending to reside
in that dwelling after it is so sold, rented, or made available; or
any person associated with that buyer or renter. The design and construction
of new multi-family dwellings containing four (4) or more units is
required to meet certain adaptability and accessibility requirements
in accordance with Section 804 of the 1988 Fair Housing Amendments
Act.
7. Discriminate in the sale or rental of housing based on familial status
or because a family has children, exempting certain types of buildings
that house older persons (e.g., Section 202 housing) in accordance
with Section 807 of the 1988 Fair Housing Amendments Act.
[Ord. No. 38 §4, 10-6-1980; Ord. No. 458 §4, 1-16-1995; Ord.
No. 1311, 2-21-2023]
It shall be unlawful for any bank, building and loan association,
insurance company, or another 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 to a person applying therefore for
purchasing, constructing, repairing, or maintaining a dwelling, or
to discriminate against any person in the fixing of the amount or
conditions of such loan, because of the race, color, religion, sex,
handicap, familial status, or national origin of such person, or of
any person therein associated in connection with such financing.
[Ord. No. 38 §5, 10-6-1980]
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 terms or conditions of such access membership or participation,
on account of race, creed, color, religion, national origin or ancestry.
[Ord. No. 38 §6, 10-6-1980; Ord. No. 458 §5, 1-16-1995; Ord.
No. 1311, 2-21-2023]
A. There
is hereby created a Fair Housing Committee whose membership shall
consist of five (5) members, who shall be appointed by the Mayor of
the City with the approval of the City Council.
B. Every
complaint of a violation of this Chapter shall be referred to a Fair
Housing Committee. The Fair Housing Committee shall forthwith notify
the person against whom the complaint is made. The identity of the
aggrieved person shall be made known to the person against whom the
complaint is made at that time. If the Fair Housing Committee, after
investigation, finds there is no merit to the complaint, the same
shall be dismissed. If the Fair Housing Committee finds that there
is merit in the complaint, in their opinion, then and in that event,
the Fair Housing Committee will endeavor to eliminate the alleged
discriminatory practice by conference and conciliation.
C. If
the Fair Housing Committee is unable to eliminate the alleged discriminatory
practice by conference and conciliation, then and in that event, the
Fair Housing Committee shall forward said complaint to the City Attorney
for handling. The final determination of whether to prosecute in Municipal
Court on said complaint shall be left to the City Attorney.
D. Nothing
in this Chapter shall be construed in such manner as to limit administrative
enforcement mechanisms and recourse against alleged discriminatory
housing practices through the U.S. Department of Housing and Urban
Development, as specified under Section 810 of the Fair Housing Act
as amended effective March 12, 1989, or through the Missouri Commission
on Human Rights, as specified in applicable State Statutes.
[Ord. No. 38 §7, 10-6-1980]
Immediately after the enactment of this Chapter, the Commission
shall commence such educational and conciliatory activities as in
its judgment will further the purposes of this Chapter. It may hold
conferences of persons in the housing industry and other interested
parties to acquaint them with the provisions of this Chapter and their
suggested means of implementing it, and shall endeavor with their
advice to work out programs of voluntary compliance and or enforcement.
The Commission shall issue such reports on such conferences and consultations
as it deems appropriate.
[Ord. No. 38 §8, 10-6-1980; Ord. No. 458 §6, 1-16-1995; Ord.
No. 1311, 2-21-2023]
A. Any
person convicted in Municipal Court of a violation of this Chapter
shall be punished by a fine of (not more than) five hundred dollars
($500.00) or by confinement in the City jail for (not more than) ten
(10) days, or both such fine and imprisonment.
B. The
City Attorney, instead of filing a complaint in Municipal Court of
said City, may, as an alternative remedy, seek the alleged discriminatory
practices abated by an action for an injunction to be maintained in
the appropriate Circuit Court of the State of Missouri.
[Ord. No. 38 §9, 10-6-1980]
The rights granted by Sections
220.020,
220.040 and
220.050 may be enforced by civil actions to enjoin the violation of this Chapter in the Circuit Court of Scott County, Missouri. Any such civil action shall be commenced within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. The City Attorney, on behalf of the City, may intervene as a party plaintiff.
[Ord. No. 38 §10, 10-6-1980]
A. The
Commission, in the event of failure to secure voluntary compliance
with the requirements of this Chapter, shall cause the Chairman thereof
to certify, in writing, to the City Attorney that all reasonable efforts
of the Commission to secure conciliation are concluded in the matter
and the Commission shall, with such certification, transmit the Commission
file, the transcript of the hearing, if any, and in all other respects
cooperate with the City Attorney.
B. Upon
certification by the Commission, the City Attorney shall institute
a charge in the Municipal Court against the alleged violator and prosecute
the same to a final conclusion.
C. Pursuant to Subsections
(A) and
(B) hereof, or whenever the City Attorney has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this Chapter, or that any group of persons has been denied any of the rights granted by this Chapter and such denial raises an issue of general public importance, he may bring a civil action in the Circuit Court of Scott County, Missouri, by filing with it a complaint setting forth the facts and requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to insure the full enjoyment of the rights granted by this Chapter.
D. If
it appears that the complainant is in danger of suffering irreparable
injury, or if it appears that some action is about to be taken which
will jeopardize the complainant's interest in the subject property,
the City Attorney shall file an injunction in the Circuit Court of
Scott County, Missouri, to prevent the continued violation of this
law or to prevent the parties from acting in such a manner as to frustrate
the intent and purpose of this Chapter, upon a showing that the complainant
would suffer irreparable harm without such action.
E. Upon a conviction in the Municipal Court for a violation of Section
220.030,
220.040 and
220.050 of this Chapter, in addition to any other penalties which may have been imposed under this Chapter, the license of such person to engage in the real estate business in this City may be suspended for a period not to exceed thirty (30) days, for the first conviction, and may be suspended for a period not to exceed six (6) months or revoked upon the second conviction.
F. Any person who shall commit a discriminatory housing practice in violation of Section
220.030,
220.040,
220.050 or
220.120 of this Chapter shall, upon conviction thereof, be punished for each such violation by a fine not exceeding one hundred dollars ($100.00), or by imprisonment in the Municipal Jail for a period of time not to exceed three (3) months for each such violation, or by both such fine and imprisonment. Each day shall constitute a separate violation.
[Ord. No. 38 §11, 10-6-1980]
A. In
conducting an investigation and hearing, the Commission shall have
access at all reasonable times to premises, records, documents, individuals
and other evidence or possible sources of evidence and may examine,
record and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the furtherance
of the investigation.
B. The
City Attorney shall conduct all litigation in which the Commission
participates as a party or as amicus pursuant to this Chapter.
[Ord. No. 38 §12, 10-6-1980]
It shall be unlawful to coerce, intimidate, threaten or interfere
with any person in the exercise or enjoyment of, or on account of
his having exercised or enjoyed, or on account of his having aided
or encouraged any other person in the exercise or enjoyment of, any
right granted or protected by the provisions of this Chapter.
[Ord. No. 38 §13, 10-6-1980]
There is hereby authorized a City Commission on Human Relations
to consist of three (3) members to be appointed by the Mayor subject
to the approval of the City Council. The Committee shall designate
one (1) of its members to serve as Chairman. Of the first appointees,
one (1) shall be appointed for a one (1) year term, one (1) for a
two (2) year term, and one (1) for a three (3) year term. Thereafter,
all members appointed shall serve a term of three (3) years, excepting
those appointed to fill a vacancy occurring during the term of a member.
All members shall serve without compensation.
[CC §56.060]
The Commission shall fix the time and place of its meetings,
and shall, except as herein provided, adopt such other procedures
deemed necessary for the successful administration of the provisions
and the consummation of the purpose of this Chapter.