0504 Construction RegulationsORDINANCE NO. 504
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 5, ARTICLE I TO PROVIDE ADDITIONAL SECTIONS
CONTAINING RULES AND REGULATIONS REGARDING THE STATE OF FLORIDA FAIR
HOUSING ACT; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows:
SECTION I: Chapter 5, Article I of the Ordinance Code of the City of Okeechobee, Florida
is hereby amended to add the following sections implementing the provisions of'Florida's
Fair Housing Act, said sections shall read as follows:
CHAPTER 5
BUILDING AND CONSTRUCTION REGULATIONS
ARTICLE I. IN GENERAL.
Section 5-7. The city policy on Fair Housing.
It is the policy of this ci_tg to provide within constitutional limitations, for Fair
Housing throughout the community.
Section 5-8. Definitions.
(1) Discriminatory housing practice means an act that is unlawful under the terms
of Florida Statute 760.20-760.37.
(2) Dwelling means any building or structure or portion thereof which is occupied
as or designed or intended for occupancy as a residence by one or more ami ies,
and any vacant land which is offered for sale or lease for the construction or
location thereon of any such building or structure, or portion thereof.
(3) Family includes a single individual.
(4) Person includes one or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, point-stoc companies,
trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers
and fiduciaries.
(5) 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 occupan .
Section 5-9. Discrimination in the sale or rental of housing.
It is unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, to refuse to
negotiate for the sale or rental of, or otherwise to make unavai a e or eny
a dwelling to any person because of race, color, religion, sex, or national origin.
(2) To discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision o services or aci i ies
in connection therewith, because of race, color, religion, sex, or national origin.
(3) To represent to any person because of race, color, religion, sex, or national
origin that any dwelling is not available for inspection, sale, or yenta wen
such dwelling is in fact so available.
(4) 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 neig or o0
of a person or persons of a particular race, co or, re igion, sex, or na zona
origin.
(5) 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 o a we inq th-a-f-
indicates any preference, (imitation, or discrimination base on race, co or,
religion, sex, or national origin or.an intention to make any such pre erence,
limitation, or discrimination.
Section 5-10. Discrimination in the provision of brokerage services
It is unlawful to deny any person access to, or membership or participation in, any
multiple-listing service, real estate brokers' organization, or other servir_e, organiza-
tion, or facility relating to the business of selling or renting dwellings, or to
discriminate against him in the terms or conditions of such access, members ip, or
participation, on account of race, color, religion, sex, or nationa origin.
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Section 5-11. Discrimination in the financing of housing.
It is unlawful for any bank, building and loan association, insurance compan , or
other corporation, association, firm, or enterprise the business of which consists
• in whole or in part of the making of commercial real estate loans to deny a loan or
other financial assistance to a person applying therefor for the purpose of purchasing,
constructing, improving, repairing, or maintaining a dwelling, or to discriminate
against him in the fixing of the amount, interest rate, duration, or other terms or
conditions of such loan or other financial assistance because of the race color,
religion, sex, or national origin of such person or of an person associated with him
in connection with such loan or other financial assistance or the purposes of such
loan or other financial assistance or because of the race color, reli ion sex or
national origin of the present or prospective owners, lessees, tenants, occupants
of the dwelling or dwellings in relation to which such loan or other financial assistance
is to be made or given
Section 5-12. Exemptions.
(1)(a) Nothing in Sections 5-9 or 5-11 shall apply to:
1. Any single-family house sold or rented by its owner, provided such private
individual owner does not own more than three single-family houses at any one
time. In the case of the sale of a single-family house by a private individual
owner who does not reside in such house at the time of the sale or who was
not the most recent resident of the house prior to the sale, the exemption
granted by this paragraph shall apply only with respect to one sale within any
24-month period. In addition, the bona fide private individual owner shall not
own any interest in, nor shall there be owned or reserved on his behalf, under
any express or voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of, more than three single-family houses
at any one time. The sale or rental of any single-family house shall be excepted
frcm the application of sections 5-7 and 5-14 only if the house is sold or
rented:
a. without the use in any manner of the sales or rental facilities or the sales
or rental services of any real estate broker, agent, or salesman or 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 advertise-
ment or written notice in violation of section 5-9 (5).
Nothing in this provision shall prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other such professional assistance as is
necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to
be occupied_ by no more than four families living independently of each other,
if the owner actually maintains and occupies one of such living quarters as
his residence.
b. For the purposes of paragraph (a), a person is deemed to be in the business
of selling or renting dwellings if:
1. He has, within the preceding 12 months, participated as principal in three
or more transactions involving the sale or rental of any dwelling or any
interest therein;
2. He has, within the preceding 12 months, participated as agent, other than
in the sale of his own personal residence, in providing sales or rental
facilities or sales or rental services in two or more transactions involv-
ing the sale or rental of any dwelling or any interest therein; or
3. He is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five or more families.
(2) Nothing in these sections concerning the city policy on Fair Housing shall 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 any dwelling which it owns or operates fcr 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, or
national origin. Nothing in this section on Fair Housing shall prohibit a private
club nct in fact open to the public, which as an incident to its primary purpose or
purposes 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.
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Section 5-13. Enforcement.
(1) Any person who claims to have been injured by a discriminatory housing practice
• or who believes that he will be injured by a discriminatory housing practice that
is about to occur may file a complaint with the City of Okeechcbee Building Depart-
ment. Complaints shall be in writing and shall contain such information and be in
such form as the department requires. Upon receipt of such a complaint, the
department sha11 furnish a copy to the person or persons who allegedly committed
the discriminatory housing practice or are about to commit the alleged disciminatory
housing practice. Within 30 days after receiving a complaint, or within 30 days
after the expiration of any period of reference herein.'the Building Department
shall investigate the complaint and give notice in writing to the person aggrieved
whether it intends to resolve it. If the Building Department decides to resolve
tLe complaint, it shall proceed to try to eliminate or correct the alleged discrim-
inatory housing practice by informal methods of conference, conciliation, and
persuasion. Nothing said or done in the course of such informal endeavors may be
made public or used as evidence in a subsequent proceeding under this chapter
without the written consent_of the persons concerned. Any employee of the Building
Department who makes public any information in violation of this provision is
guilty of a misdemeanor of the first degree, punishable as provided by law.
(2) If, P:ithin 30 days after a complaint if filed with the Building Department the
department has been unable to obtain voluntary compliance, the person aggrieves?,
may, within 30 days tt-Freafter, commence a civil acticn in any appropriate court
against the respondent named in the complaint to enforce the rights granted or
protected herein. If the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may enjoin the respcnder_t ficm engaging
in such practice or order such affirmative action as may be appropriate.
(3) In any proceeding brought pursuant to this section, the burden of proof is on
the complainant.
(4) Whenever an action filed by an individual in court pursuant to this provision
comes to trial, the Building Department shall immediately terminate all efforts to
obtain voluntary compliance.
Section 5-14. Interference, coercion, or intimidation; enforcement by civil action.
It is unlawful to coerce, intimidate, threaten, or interfere with an person in the
exercise of, or on account of his having exercised, or on account of his having aided
or encouraged any other person in the exercise of any right granted under sections
5- -through 5-14. This section may be enforced by appropriate civil action.
SECTION II: This ordinance shall take effect as provided by law.
Introduced on first reading and set for public hearing this 2nd day of Aril 1984.
Mayor
ATTEST:
City Clerk
Introduced and passed on second and final reading this 16th day of April 1984.
Mayor
ATTEST:
City Clerk
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