O93-26ORDINANCE NO. 093-~$~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
CREATING A BOYNTON BEACH ORDINANCE
ENTITLED "CITY OF BOYNTON BEACH HUMAN /
RIGHTS ORDINANCE" PROHIBITING/
DISCRIMINATION IN EMPLOYMENT, HOUSING AN?
PUBLIC ACCOMMODATIONS AND PROMOTING SA~D
OPPORTUNITIES WITHOUT REGARD TO RACE,
COLOR, NATIONAL ORIGIN, RELIGION, SEX,
SEXUAL ORIENTATION, HANDICAP, MARITAL
STATUS, FAMILIAL STATUS, OR / AGE;
PROVIDING FOR PROCEDURES FOR ENFORCEMENT
OF CHAPTER; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION ~AND AN
EFFECTIVE DATE. ~
WHEREAS, the City Commission of/ the City of Boynton
Beach, Florida wishes to secure for a~i individuals within the
City of Boynton Beach freedom fro~discrimination in housing,
employment and public accommod~tions on account of race,
color, national origin, religion, sex, sexual orientation,
age, handicap, marital stat~s or familial status; and
WHEREAS, the City Commission believes that the provisions
~ set forth herein will'" accomplish this purpose and are
necessary to the welJfare of the citizens of the City of
Boynton Beach, Florida; and
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF T~E CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section ~. There is hereby created a "City of
Boynton Bea~h Human Rights Ordinance", as follows:
Section !.
I. General.
Section iA. Title.
This Ordinance shall be known and may be cited as the
,City of Boynton Beach Human Rights Ordinance".
Section lB. Purpose; declaration of policy.
The general purpose of this Ordinance and the policy of
the City, in keeping with the laws of the United States of
America and the spirit of the Constitution of the State of
Florida, is to promote through fair, orderly and lawful
procedure the opportunity for each person so desiring to
obtain employment, housing and public accommodations of the
person's choice in the city without regard to race, color,
national origin, religion, sex, sexual orientation, handicap,
marital status, familial status, or age, and to that end, to
prohibit discrimination in employment, housing and public
accommodations by any person.
Section lC. Definitions - words defined.
For the purpose of this!Ordinance, certain abbreviations,
terms, phrases, words and their derivatives shall have the
following meanings:
Administrator. That person appointed pursuant to section
1D. herein.
Age. The chronological age of any individual who is
eighteen (18) years or older.
Classification category. That category to which
discrimination is prohibited herein as set forth within
Section lB. of this Ordinance, said categories being as
follows: race, color, national origin, religion, sex, sexual
orientation, handicap, marital status, familial status, or
age.
Discriminatory practice. An intentional act that is
unlawful and prohibited as defined herein.
Employee. AA person employed by or seeking employment
from an employer. It does not include any person employed by
parents, spouse or child. A person employed by the City of
Boynton Beach is not an employee for the purpose of this
ordinance.
Employer. Any person who has five (5) or more employees,
in each of the four (4) or more calendar weeks in the current
calendar year, and any agent of such person. The City of
Boynton Beach is not an employer for the purpose of this
ordinance.
Entity. Includes employee, employer, person, as used or
defined herein.
Family. One (1) or more individuals living as a single
housekeeping unit.
such individual or individuals; or
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
2. The designee of such parent or other person having
such custody, with the written permission of such parent or
other person.
Handicap.
1. Have
Handicapped persons are persons who:
a physical or mental impairment which
substantially limits one or more of such persons' major life
activities.
2. Have a record of such impairment; or
3. Are regarded as having such an impairment. The term
~I does not include persons who have current, illegal use of or
addiction to alcohol or a controlled substance as defined by
Section 893.02, Florida Statutes, as now enacted or
hereinafter amended.
i. A handicapped individual is "qualified" with
respect to employment if such individual can perform the
essential functions or the job in question with reasonable
accommodations.
ii. "Major life activities" means functions such as
caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working.
iii. "Substantially limited" means likely to
experience difficulty in securing, retaining or advancing in
employment because of a handicap.
Housing or housing accommodations. Any building,
structure or portion thereof, or other facility which is
occupied as, or designed 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,
mobile home, trailer or other facility. However, nothing in
this Ordinance shall apply to rooms or units in housing
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containing living quarters occupied Of 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 quarters as his/her residence.
Interested party. The person filing a complaint or the
person against whom a complaint has been filed.
Marital status. The state of being unmarried, married,
or separated, as defined by state law. The term "unmarried"
includes persons who are single, divorced or widowed.
Mediation agreement. A written agreement entered into
between a complainant and respondent setting forth the
resolution of the issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations
involving the complainant, the respondent, and the mediator.
Mediator. That person appointed pursuant to section 5E.
herein.
National origin. The origin of an ancestor, the country
of origin or a person's forbearer, naturally, by marriage or
by adoption.
Owner. Any person, including but not limited to a
lessee, sublessee, assignee, manager or agent, and also
including the city and its departments or other subunits,
having the right of ownership or possession of the authority
to sell or lease any real property.
Person. One or more individuals, employees, employers,
employment agencies, owners, businesses, governments,
government agencies, governmental departments, unions, joint
apprenticeship committees, firms, associations, joint
ventures, partnerships, estates, trusts, trustees, trustees in
bankruptcy, joint-stock companies, receivers, syndicates,
fiduciaries, corporations, unincorporated organizations, and
all other groups or combinations. The City of Boynton Beach~
its Boards~ its Departments, its aqencies, and its employees
are not person for the ~urpose of this ordinance.
Public accommodations shall mean any retail
4
establishment, an inn, hotel, motel or other establishment
which provides lodging to transient guests, other than an
establishment located within a building which contains not
more than five rooms for rent or hire and which is actually
occupied by the proprietor of such establishment as his
residence; any restaurant, cafeteria, lunchroom, lunch
counter, soda fountain or other facility principally engaged
in selling food for consumption on the premises including, but
not limited to, any such facility located on the premises of
any retail establishment, or any gasoline station; any bar,
lounge, nightclub or other facility principally engaged in
selling alcoholic beverages for consumption on the premises or
any facility principally engaged in selling both food and
alcoholic beverages for consumption on the premises; any
motion picture house, theater, concert hall, convention hall,
or other place of exhibition of entertainment; and any
establishment which is physically located within the premises
of any establishment otherwise covered by this chapter or
within the premises of which is physically located any such
covered establishment, and which holds itself out as serving
patrons of such covered establishment.
Real property. Any land, buildings, fixtures, and all
other improvements to land. The terms "land", "real estate",
"realty", and "real property" may be used interchangeably.
Rent. To lease, sublease, assign, let or otherwise grant
for a consideration the right to occupy premises that are not
owned by the occupant.
Respondent. Any person against whom a complaint is filed
pursuant to this chapter.
Sale. Includes any contract to sell, exchange, convey,
transfer or assign legal or equitable title to, or a
beneficial interest in, real property.
Sex. The state of being a male or female.
Sexual orientation. The condition of being heterosexual,
homosexual, or bi-sexual.
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Section 1D. Administrative authority; powers and duties.
A. The provisions of this chapter shall be administered
by and enforced by the City's Nuisance Abatement Board, under
the direction of the City Manager or his/her designee. For
purposes of administration of the provisions of this chapter,
the City Manager or his or her designee shall be the
administrator.
B. The administrator's powers and duties include the
following:
1. Receive written complaints as provided by this
chapter relative to alleged unlawful discriminatory practices
and transmit same to a mediator for proper handling.
2. Establish, administer or review programs at the
request of the city commission and make reports on such
programs to the city commission;
3. Render to the city commission annual written
reports of activities under the provisions of this chapter
along with such comments and recommendations as the
administrator may choose to make;
4. Cooperate with and render technical assistance
to federal, state, local and other public and private
agencies, organizations and institutions which are formulating
or carrying on programs to prevent or eliminate the unlawful
discriminatory practices covered by the provisions of this
chapter;
5. Conduct educational and public information
activities that are designed to promote the policy of this
chapter.
II. DISCRIMINATORY PRACTICES.
Section 2A. Discrimination in employment.
It is unlawful discriminatory practice for an employer to
fail to hire or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with
respect to that individual's compensation, terms, conditions,
or privileges of employment, because of such individual's
classification category.
Section 2B. Discrimination in public accommodations.
A. It is unlawful discriminatory practice for any
person, being the owner, lessee, proprietor, manager,
superintendent, agent, or employee of any place of public
accommodation, resort or amusement because of the
classification category of any person, directly or indirectly,
to refuse, withhold from or deny to such person any of the
accommodations, advantages, facilities or privileges thereof,
that are afforded the other customers, or directly or
indirectly, to publish, circulate, issue, display, place,
maintain,post or mail any written or printed communication,
notice or advertisement, to the effect that any of the
accommodations, advantages, facilities, and privileges of any
such place shall be refused, withheld from or denied to any
person on account of classification category or that the
patronage of any person belonging to any particular
classification category is unwelcome, objectionable or not
acceptable, desire or solicited.
B. The production of or proof of the display or
maintenance of any such written or printed notice or
advertisement purporting to relate to any place of public
accommodation shall be presumptive evidence that such display
or maintenance was authorized by the person maintaining and
operating such place of public accommodation.
Section 2C. Discrimination in housing.
A. In connection with any of the transactions set forth
in this section affecting a housing accommodation, it shall be
unlawful for any person, owner, financial institution, real
estate broker or any representative of the above to engage in
any of the following acts beCause of the classification
category of a prospective buyer, renter, lessee or any person
associated therewith:
1. To refuse to sell, purchase, rent, lease,
~ finance, negotiate or withhold any housing accommodation or to
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evict a person; or
2. To discriminate against a person in the terms,
~ conditions, or privileges of the sale, purchase, rental or
lease of any housing accommodation, or in the furnishing of
facilities or services in connection therewith; or
3. To refuse to receive or transmit a bona fide
offer to sell, purchase., rent or lease any housing
accommodation; or
4. To represent to a person that any housing
accommodation is not available for inspection, sale, purchase,
rental or lease when in fact it is so available, or to refuse
to permit a person to inspect any housing accommodation; or
5. To refuse to lend money, whether or not secured
by mortgage, or otherwise refuse to make funds available for
the purchase acquisition, construction, alteration,
improvement, repair or maintenance of any housing
accommodation or to impose different terms or conditions of
such financing or refuse to provide title or insurance
relating to the ownership or use of any interest in any
housing accommodation; or
6. To make, publish, print, circulate, post, mail
or cause to be made, published, printed, circulated, posted or
mailed, any notice, statement or advertisement, or to announce
a policy, or to sign or to use a form of application for the
sale, purchase, rental, lease or financing of any housing
accommodation, or to make a record of inquiry in connection
with the prospective sale, purchase, rental, lease or
financing of any housing accommodation which indicates any
discrimination or any intent to discriminate; or
7~ To discriminate in any financial transaction
involving real property because of its location, i.e., to
8. To offer, solicit, accept or use a listing of
any housing accommodation for sale, purchase, rental or lease
with the understanding that a person may be subjected to
discrimination in connection with such sale, purchase, rental,
lease, or the furnishing of facilities or services in
connection therewith; or
9. To induce directly or indirectly, or attempt to
induce directly or indirectly, the sale, purchase, rental,
lease or the listing for any of the above, of any housing
accommodation by representing that the presence or anticipated
presence of a person of a particular classification category
will or may result in:
a. The lowering of property values in the area;
b. An increase in criminal or anti-social behavior
.1 in the area; or
c. A decline in the quality of the schools serving
in the area; or
10. To make any representations concerning the listing
for sale, purchase, rental, or lease, or the anticipated
!I listing for sale, purchase, rental, or lease of any housing
ii accommodation for the purpose of inducing or attempting to
induce any such listing for any of the above transactions; or
11 To engage in or hire to be done, or to conspire with
others to commit acts or activities of any nature, the purpose
of which is to coerce, cause panic, incite unrest, or create
or play upon fear With the purpose of either discouraging or
Iiinducing, or attempting to induce, the sale,
purchase,
rental,
lease or listing of any housing accommodation on any basis
prohibited by this chapter; or
12. To aid, abet, incite, compel or coerce any person to
engage in any of the practices prohibited by this chapter, or
to obstruct or prevent any person from complying with the
provisions of this chapter or any order issued hereunder; or
13. To resist, prevent, impede or interfere with the
{i mediator in the lawful performance of his/her duties under
this chapter; or
14. To canvass to commit any unlawful practice
~ prohibited by this chapter; or
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15. To deny or withhold any housing accommodation from
a person on any basis prohibited by this chapter; or
16. To deny any qualified person access to or membership
in or participation in any multiple-listing service, real
Ii estate brokers' organization, or other service, organization
or facility relating to the business of selling or renting
dwellings, or to discriminate against such person in the terms
or conditions of such access, membership, or participation on
any basis prohibited by this chapter.
B. In connection with the design and construction of
covered multifamily dwellings submitted for building permit on
or after March 1, 1990, and first occupied after March 13,
1991, it shall be unlawful to fail to design and construct
those housing accommodations in such a manner that:
1. The public use and common use portions of such
dwelling are readily accessible to and usable by handicapped
persons;
2. All the doors designed to allow passage into
and within all premises within such housing accommodations are
sufficiently wide to allow passage by persons in wheelchairs;
and
3. All premises within such accommodations contain
the following features of an adaptive design:
a. An accessible route into and throughout
the dwelling;
b. Light switches, electrical outlets,
thermostats and other environmental controls in accessible
locations;
c. Reinforcements in the bathroom walls to
allow later installation of grab bars; and
d. Useable kitchens and bathrooms such that
an individual in a wheelchair can maneuver about the space.
C. As used in this section, "covered multifamily
dwelling" means:
1. A building which consists of four (4) or more
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housing units and has an elevator; or
2. The ground floor units of a building which
consists of four (4) or more housing units and does not have
an elevator.
D. Conformance with the appropriate specifications of
the American National Standards Institute for buildings and
facilities providing accessibility and usability for
physically handicapped persons, commonly cited as "ANSI All7.1
(1986)," suffices to satisfy the requirements of this
ordinance.
Section 2D. Retaliation, coercion, interference, obstruction
or prevention of compliance with this chapter.
It is unlawful discriminatory practice for a person to
conspire to:
A. Retaliate or discriminate against a person because
such person has opposed a discriminatory practice or because
such person has made a charge, filed a complaint, testified,
assisted or participated in an investigation, proceeding or
hearing under this chapter;
B. Aid, abet, incite or coerce a person to engage in an
unlawful discriminatory practice;
C. Willfully interfere with the performance of a duty
or the exercise of a power by the administrator, board or one
(1) of its staff members or representatives; or
D. Willfully obstruct or prevent a person from
complying with the provisions of this Ordinance or an order
issued hereunder.
III. EXCEPTIONS.
Section 3A. Employment.
Notwithstanding any other provision of this
ae
Ordinance:
1. It is not an unlawful discriminatory practice
for an employer to hire and employ employees on the basis of
that individual's classification category in those certain
instances where such classification category is a bona fide
occupational qualification reasonably necessary to the normal
operation of that particular bUsiness or enterprise; and
2. It is not an unlawful discriminatory practice
for a school, college, university or other educational
institution or institution of learning to hire and employ
employees of a particular religion if such school, college,
university or other educational institution of learning is, in
whole or in substantial part, owned, supported, controlled or
managed by a particular religion or by a particular religious
corporation, association or society or if the curriculum of
such school, college, university or other educational
institution or institution of learning is directed toward the
propagation of a particular religion. However, this exception
will not apply if such institution restricts membership in its
organization on the basis of race, color or national origin.
B. Notwithstanding any other provision of this
Ordinance:
1. It is not an unlawful discriminatory practice
for any employer to apply different standards of compensation,
or different terms, conditions or privileges of employment
pursuant to a bona fide seniority or merit system, or a system
which measures earning by quantity or quality of production or
to employees who work in different locations, provided that
such differences are not the result of an intention to
discriminate because of one's classification category.
2. It is not an unlawful discriminatory practice
for an employer to give and to act upon the results of any
professionally developed ability test, provided that such
test, its administration or action upon the results is not
designed, intended, or used to discriminate because of one's
classification categOry°
C. Nothing contained in this Ordinance shall be
interpreted to require any employer to grant preferential
treatment to any individual or to any group because of the
classification category of such individual or group, on
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account of an imbalance which may exist with respect to the
total number or percentage of persons of any classification
category employed by any employer in comparison with the total
number of percentage of persons of such classification
category in any community, state, section or any other area,
or in the available work force
~ section or other area.
in any community, state,
D. This Ordinance shall not apply to a religious
corporation or association, educational institution or society
with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on by
such corporation, association, educational institution or
society of its activities.
E. Notwithstanding any other provisions of this
Ordinance, it is not an unlawful discriminatory practice for
an employer to consider an individual's religion when making
a decision concerning that individual if the employer
demonstrates that the reason for considering that individual's
religion observance or practice without undue hardship on the
conduct of the employer;s business.
F. The City of Boynton Beach, its Boards, Departments~
agencies, and employees~ are exempt from this ordinance and no
complaint against them shall be processed by the
administrator. No employee of the City of Boynton Beach may
file a complaint against any person or against the City, its
Boards, agencies, departments or employees.
Section 4A. Housing.
A. Nothing in this Ordinance shall prohibit a religious
organization, association, society or any nonprofit charitable
or educational institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association or society from limiting or from
advertising the sale, rental or occupancy of housing which it
owns or operates for other than a commercial purpose to
13
persons of the same religion or from giving preference to such
persons. However, this exception shall not apply if such
religious organization, association, society or any nonprofit,
charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with
a religious organization restricts membership in its
organization .on the basis of race, color or national origin;
nor shall anything in this Ordinance prohibit a private club
not in fact opened to the public, which as an incident to its
preliminary purpose provides lodgings 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.
B. No provision in this Ordinance regarding familial
status shall apply to housing for older persons.
1. As used in this subsection, "housing for older
persons" means housing:
a. Provided under any local, state or federal
program that the administrator determines is specifically
designed and operated to assist elderly persons as defined in
the local, state or federal program;
b. Intended for and solely occupied by persons
sixty-two (62) years of age or older; or
c. Intended for and occupied by at least one (1)
person fifty-five (55) years of age or older per unit. In
determining whether housing qualifies as housing for older
persons under this subsection, the administrator shall develop
regulations which require at least the following factors:
i. The existence of significant facilities and
services specifically designed to meet the physical or social
needs of older persons or, if the provision of such facilities
and services is not practicable, that such housing is
necessary to provide important housing opportunities for older
persons;
ii. That at least eighty (80) percent of the
14
housing is occupied by at least one (1) person fifty-five (55)
years of age or older per unit; and
iii. The publication of and adherence to policies
and procedures which demonstrate an intent by the owner or
manager to provide housing for persons fifty-five (55) years
of age or older.
2. Housing shall not fail to be considered housing for
older persons if:
i. A person who resides in such housing on or
after the effective date of the ordinance from which this
Ordinance is derived does not meet the age requirements of
this subsection, provided that any new occupant meets such age
requirements; or
ii. One (1) or more units are unoccupied, provided
that any unoccupied units are reserved for occupancy by
persons who meet the age requirements of this subsection.
C. Nothing contained in this Ordinance shall preclude
the seller, developer, condominium association, lessor,
property owner, or that person's authorized agent, from
setting forth reasonable rules, regulations, terms and
conditions pertaining to the sale or lease or disposal of said
person's property; provided such rules, regulations, terms and
conditions are not based on race, color, religion, sex, sexual
orientation, national origin, age, handicap, familial status,
or marital status and provided there is no conflict with the
affirmative provisions set forth in this Ordinance.
Furthermore, nothing in this Ordinance shall preclude
reasonable rules, regulations, or terms and conditions
pertaining to the safe and prudent use by minors of facilities
and amenities provided in conjunction with real property.
Section 4B. Public accommodations.
A. Nothing in this Ordinance shall be applied to:
1. Discrimination on the basis of sex in
restrooms, shower rooms, bathhouses, health spas or similar
facilities, which are by their nature distinctly private, or
15
i dormitory-lodging facilities;
2. A religious
organization, association or
society or any nonprofit institution or organization
operating, supervised or controlled by or in conjunction with
a religious organization, association or society from limiting
facilities and accommodations which it owns or operates for
other than a commercial purpose to persons of the same
religious organization or from giving preference to such
persons. However, this exception shall not apply if such
religious organization, association, society or any nonprofit,
charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with
a religious organization restricts membership in its
i organization on the basis of race, color or national origin.
B. Nothing in this Ordinance shall prohibit the
limiting of the use of kindergartens, nurseries, day care
centers, theaters and motion picture houses to persons of a
particular age group.
Section 4C. Religious organizations.
The provisions in this Ordinance relating to sexual
orientation shall not apply to any religious organization,
association, society or any nonprofit charitable or
educational institution or organization operated, supervised
or controlled by or in conjunction with a religious
organization, association or society.
IV. ENFORCEMENT.
Section 5A. Filing time limit.
Any person alleging that an unlawful discriminatory
practice has occurred may file a complaint with the
administrator within thirty (30) cnc..-..-~-~"~-~ -..-~ ~..-~~" ~'~ ~°n~,
days after the alleged unlawful discriminatory practice
occurred. A filing fee of ~ ..... ~y_~ ~1=~- ,eg~ na~ Fifty
and no/100 ($50.00) shall be-..-~---~, paid at time of filing
which fee shall be used to set off costs in the administration
of this Ordinance; this filing fee may be waived in whole or
16
in part~ for indigent persons upon obtaining certification of
indigency based on an affidavit filed with the administrator
certifying that the complainant is indigent and unable to pay
the subject charges.
Section 5B. Information on complaint.
A complaint of an unlawful discriminatory practice must
be in writing, sworn to or affirmed, and shall state the name
!i and address, if known, of the respondent, the facts upon which
il the complaint is based and other such information as the
~i administrator requires. The administrator shall not process
nor make any record of an anonymous complaint.
Section 5C. Notification of respondent; answer.
The administrator shall, within ~ ..... ~y ,~n
....... ~~v) five (5) days
after the filing of a complaint of an unlawful discriminatory
~' practice or the identification of an additional respondent to
a complaint, serve on each respondent by certified mail or
personal delivery a copy of the complaint and a notice
identifying the alleged unlawful discriminatory practice and
advising each respondent of the procedural rights and
obligations of respondents under this Ordinance. Each
respondent ma~ shall file, within ~.._.._z~-- ,gn~,_., ten (10) days
after receipt of notice from the administrator, an answer to
such complaint.
Section 5D. Amending complaints or answers.
A complaint of an unlawful discriminatory practice or
answer may be amended at any time when it would be fair and
reasonable to do so, and the administrator shall furnish a
copy of each amended complaint or answer to the respondent or
complainant, respectively, as promptly as practicable.
Section 5E. Mediator.
A mediator shall be appointed by the City Manager to act
as a neutral third person to encourage and facilitate the
resolution of any complaint filed pursuant to the terms of
this Ordinance. The mediator shall be an individual who shall
~ have been determined by the City Manager and the City Attorney
17
to have the knowledge, skills, and abilities to perform in
such capacity as mediator.
Section 5F. Processing complaints.
· - ) fifteen (15) days after service of the
Within th:rty t.~n
complaint upon the respondent, the administrator shall refer
the complaint to a member of his/her department who shall
contact both parties to inquire if mediation is feasible. If
feasibler the City Manager shall appoint a mediator within
five (5) days, ~ who shall attempt to mediate the
dispute and to report to the City Manager on the results of
the mediation efforts within ~ ~"~ ~ + ..... +" ' ~n~
f~f~o~n {15) da~s of roco~v~n~ gho mod~ag~on ass~nmong.
~ ~ ~ ~" agrcc~c~t--~+ ...... ~h~ cc~! ' -..,~
-~ ......................... al~ant
viclatcd.
Section 5H.
Proceeding before Nuisance Abatement Board.
Abatcmcnt ~^~ ~ ~ ......." ~++~ findings
18
B. In the event mediation is not pursued or fails to
resolve a complaint ~*~ *~ ............ ~ ~ .... ~ ........ ~ ~
a3me~e~ the complaint shall be referred to the City Attorney.
If the City Attorney has reasonable cause to believe that a
violation of this Ordinance has occurred, he or she shall
present the complaint to the Nuisance Abatement Board within
forty-five (45) days pursuant to their complaint and hearing
procedures; persons found in violation of this ordinance shall
be subject to the following penalties:
For a first finding of an
unlawful discriminatory
practice ~thin a ~ve
period ............. ~ .............. Up to $250.00
For a subsequent finding
of an unlawful discriminatory
practice within a five year
period ................................... Up to $500.00
Section 5I. Additional remedies.
The procedures prescribed by this Ordinance do not
constitute an administrative prerequisite to another action or
remedy available under other law. Further, nothing in this
Ordinance shall be deemed to modify, impair, diminish, limit
or otherwise affect any right or remedy conferred by local,
state or federal law.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 4. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
ordinance.
Section 5.
ordinance.
Section 6.
immediately upon passage.
FIRST READING this ~
Authority is hereby granted to codify said
This ordinance shall become effective
day of August, 1993.
1993.
SECOND, FINAL READING and PASSAGE this
day of August,
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CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
ATTEST:
City Clerk
(Corporate Seal)
Commissioner
Commissioner
Commissioner
Rights.Ord
Rev.7/29/93
Rev.8/ll/93
20