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A. Initiation of Review of Violation. Review of alleged violations of this Chapter shall be initiated by filing a written, notarized complaint alleging that an unlawful discriminatory practice has occurred or is occurring. Such complaint shall be filed with the city, which has entered into an interlocal agreement with the County to act as its agent in reviewing the complaints, and shall be filed no later than six months after the occurrence of the alleged prohibited activity. The city shall conduct a prompt investigation of the complaint. During the course of the investigation, the city may attempt to resolve the dispute between the charging party and the respondent by means of a negotiated settlement. If, upon the completion of such investigation, it is determined that insufficient evidence exists to support a reasonable finding that an unlawful discriminatory practice has occurred or is occurring, such determination shall be filed in writing with the Agency and the case shall be administratively closed. If a determination of reasonable cause is found, however, the city shall attempt to mediate and resolve the dispute between the charging party and the alleged violator by means of conciliation.

B. Administrative Closure. The charging party may file a request with the Agency for reconsideration of the city's decision to administratively close its case. Upon receipt of such a request, the Agency shall independently review the record compiled by the city to determine if reasonable cause exists. If the Agency finds such reasonable cause to exist or that this record is substantially incomplete or inadequate, it shall return the case to the city for further action.

C. Conciliation Failure. If the complained-of prohibited activity cannot be eliminated through conciliation, the city's finding of reasonable cause shall be reported to the Agency, accompanied by a recommendation by the city either to take or not to take the unresolved case to a public hearing before the County Hearing Examiner, based upon the city's evaluation as to which course of action will best effectuate the purposes of this Chapter. Cases not recommended for hearing before the County Hearing Examiner may be administratively closed by the Agency. Cases recommended for hearing shall be forwarded by the Agency to the office of the County Hearing Examiner after review by the Prosecuting Attorney's Office.

1. The case in support of the Agency's finding of reasonable cause shall be presented at hearing by a County representative; provided, however, that the charging party may retain independent counsel and submit testimony and be fully heard.

2. The respondent shall have the right to file a written answer to the charge and to appear at the hearing with or without counsel, submit testimony and be fully heard, and to examine and cross-examine witnesses.

3. The Hearing Examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath, and shall be recorded.

4. If, upon all the evidence presented, the Hearing Examiner finds that the respondent has not engaged in an unlawful discriminatory practice, the Hearing Examiner shall issue an order dismissing the complaint.

5. If, upon all the evidence presented, the Hearing Examiner finds that the respondent has engaged or is engaging in an unlawful discriminatory practice, the Examiner shall issue an order which shall effectuate the purposes of this Chapter. Such order shall require the respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as is necessary to effectuate the purposes of this Chapter. An order may include the selling, renting or leasing of a housing accommodation or housing accommodations upon equal terms and conditions and with equal facilities, services and privileges; and any other order which, in the judgment of the Hearing Examiner, will effectuate the purposes of this Chapter and is warranted by the facts presented at the hearing, including a requirement for report of the manner of compliance. The Hearing Examiner may, in addition to other relief authorized under this Chapter, award the complainant up to $1,000.00 for loss of the right or rights secured by this Chapter. Such orders shall also include terms requiring performance of such action within 30 days after receipt of notice by the respondent of the entry of such order.

D. Civil Violation. A respondent who has not complied with the terms of an order mandating relief as described above within 30 days of receiving notice of the entry of such order shall be deemed guilty of a civil violation against Pierce County and shall be liable to the County in an amount not to exceed $100.00 to be levied by the district Court of Pierce County for each day in excess of the 30 days provided for in this Chapter on which such respondent has failed to comply with an order rendered by the Hearing Examiner or to seek Superior Court review of such order.

E. Appeal from Orders of Hearing Examiner. Any respondent or charging party aggrieved by a final order of the Hearing Examiner may obtain a review of such order on the record by the County Council by filing with the Clerk of the Council, within 30 days from the date of receipt of such order, a written petition praying that such order be modified or set aside. The Hearing Examiner shall then cause to be filed with the Council a tape recording and summary of the entire record of the proceedings, including the pleadings, testimony and order. The County Council shall have jurisdiction to grant to any party such relief as it deems just and equitable. Council review of an order of the Hearing Examiner shall be recorded on tape and in accordance with the Permanent Rules of the County Council. Filing of a petition seeking Council review of an order of the Hearing Examiner shall operate as a stay of such order.

F. Council Decision is Final. The decision of the County approving, amending or rejecting a decision of the Examiner is final and conclusive unless within 30 days from the date of the resolution setting forth the Council's decision an aggrieved party files an appropriate action in Superior Court for purpose of review of the Council decision, and serves all necessary parties.

G. Court Enforcement of Orders. The Agency may petition the Superior Court of Washington for Pierce County for enforcement of any order of the Hearing Examiner or of the Council which has not been complied with during the 30-day period of performance prescribed in such order. The Agency, through the Prosecuting Attorney or his Deputy, shall certify and file in Superior Court a transcript of the entire record of the proceedings, including the pleadings and testimony upon which such order was made and the findings and orders of the Hearing Examiner or Council. Within five days after filing such petition in Court, the Agency shall cause a notice of the petition to be personally served upon all parties or their representatives. Such review shall be in accordance with the provisions set forth at RCW 49.60.260.

(Ord. 84-102 § 1 (part), 1985; Ord. 81-120 § 1 (part), 1982; Prior Code § 10.34.060)