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 Columbia County
 Code of Ordinances
 Chapter 54. HUMAN RELATIONS
 Article II. FAIR HOUSING

  § 54-38. Procedure.  

Latest version.

  • (a)

    Filing complaint. Any person aggrieved by an unlawful practice prohibited by this article must file a written complaint with the county clerk or its appointed board within one year after the alleged unlawful practice occurs.

    (b)

    Service on respondent. Upon receipt of a complaint, the board of county commissioners 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 board of county commissioners or its appointed board.

    (c)

    Investigation; report. The board of county commissioners or its appointed board shall immediately investigate the complaint. Within 60 days from the date of the receipt of the complaint, the board of county commissioners or its appointed board shall establish a written report with findings of fact.

    (d)

    Notice; request for hearing. Copies of the board of county commissioners or its appointed board's report shall be sent to the complainant and the respondent. Either may, within ten days after receipt of such report, request a hearing before the board of county commissioners.

    (e)

    Call for hearing. When the complainant or the respondent request a hearing by the board of county commissioners or its appointed board, or when the board of county commissioners or its appointed board itself determines that a hearing is desirable, the board of county commissioners or its appointed board shall call and conduct such hearing in accordance with section 54-39.

    (f)

    Actions by commissioners. The board of county commissioners or its appointed board shall carry into execution the actions specified in its report, or, if a hearing is held, shall carry into execution the actions determined upon by the board of county commissioners or its appointed board in the hearing.

    (g)

    Decisions. The board of county commissioners or its appointed board in its review or its hearing may determine:

    (1)

    That the complaint lacks ground upon which to base action for violation of this article;

    (2)

    That the complaint has been adequately dealt with by conciliation of the parties; or

    (3)

    That the case warrants filing charges 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)

    Failure of respondent to comply. If the board of county commissioners or its appointed board issues an adjudicative order to correct, adjust, conciliate, prevent or prohibit any unlawful act prohibited by this article, and the respondent refuses or fails to comply with or obey such adjudication, the board of county commissioners or its appointed board shall forthwith request that the state attorney file a complaint in the appropriate court.

    (i)

    Computation of time. The provision of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed by this article.

    (j)

    Manner of service of papers. All papers or pleadings required by this article to be served may be served by certified mail or in accordance with the provisions of Rule 1.080(b), Florida Rules of Civil Procedure.

(Ord. No. 88-1, § 8, 1-7-1988)

State law reference

Complaint to be made within one year, F.S. § 760.34(2).