ORD1968096ORDINANCE # 96
Ai'l ORDINANCE TO CREATE CHAPTER 22
OF THE MUXICIPAL CODE OF MUSKEGO.
WHEREAS, it is deemed to be to the best interests, of the
tofore amended, be further amended and modified by CREATING
City that the Municipal Code of Huskego, Wisconsin, as here-
Chapter 22 thereof to deal with matters of discrimination and
to provide for equal opportunity as hereinafter more partic- e ularly set forth.
NON, THEREFORE, the Common Council of the City of Muskego,
Wisconsin, does hereby ordain as follows:
SECTION I.
CREATED to read as follows:
discrimlnatlon in housing unlawful. It is hereby declared to
22.01 Purpose. It is the intent of this chapter to render
be the policy of this City that all persons shall have an
equal opportunity for housing regardless of race, color,
religion, national origin 01- ancestry. This chapter shall be 0 protection of the welfare health, peace, dignity and human
deemed an exercise of the police powers of the City for the
rights of the people of this City.
requires otherwise:
22.02 Definitions. In this chapter, unless the context
Chapter 22 of the Municipal Code of Muskego is hereby
(a) "Housing" means any improved property, and any mobile
home, which is used or occupied, or is intended, arranged
but does not include:
or designed to be used or occupied as a home or residence,
1. The rental or leasing of any building or apartment
occupied by no more than one family and which is used by
containing living quarters occupied or intended to be
or was last used by the owner or tenant thereof as a bona
fide residence for himself and any members of his family
forming his household.
occupied by the owner as his residence, in which single
2. The rental or leasing of any rocm in any building
rooms are rented out for occupancy by four or less indi- .1 viduals, not members of the owner's family.
3. The rental or leasing of any building, or apartment
therein, consisting of four or less dwelling units, all in
one structure, in which at least one of such dwelling units
is occupied by the ownel? of such building as his residence.
(b) "Mobile home" means that which is, or was as originally
constructed, designed to be transported by any vehicle
upon a public highway and designed, equipped and used
primarily for sleeping, eating and living quarters, or is
ments, annexes, foundations and appurtenances, except that intended to be so used; and includes any additions, attach-
a house trailer is not deemed a mobile home if the assess-
able value of such additions, attachments, annexes, found-
ations and appurtenance!; equals or exceeds 50% of the
assessable value of the house trailer.
(c) "Discriminate" and "Discrimination" mean to segregate,
separate, exclude or treat any person unequally only
because of race, color, religion, national Origin Or
ancestry. It is intended that the factors set forth herein
shall be the sole basis for prohibiting discrimination.
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(dl "Improved residential lot" means any residential lot
upon which no permanent building or structure containing
living quarters has been constructed.
(e) "Fair Housing Commission" or "Commission" mean and
refer to a Commission of FIVE members, residents of the
City of Muskego, who are appointed annually for a one-
year term commencing on the first day of May in each year
hereafter by the Mayor, subject to confirmation by the
Common Council. The initial appointments for a fract-
ional term shall be made within thirty (30) days after the
adoption of this ordinance. The Fair Housing Commission
shall forthwith elect one of its members as chairman and
another of its members as secretary. It shall be the duty
meetings and hearings of the Commission. It shall be the
of the chairman, among other things, to preside at all
duty of the secretary to keep accurate record of all
activities of the Commission. The members of the Com-
mission shall receive no compensation for their services
as such. A member of the Commission may be removed by
the Mayor, only for inefficiency, neglect of duty, mis-
conduct or malfeasance in office; provided, however, the
charges and an opportunity to be heard thereon before the
Commissioner is first given a written statement of the
Common Council. No Commissioner who has filed a complaint
on his own initiative shall participate in any subsequent
hearing or proceeding except as a witness, nor shall he
participate in the deliberations of the Commission in
such case.
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22.03 Requirinz References. Nothing in this chapter shall be
deemed to prohibit an owner, o? his agent, from requiring that
any person who seeks to buy, rent or lease housing supply inform-
ation concerning his family, marital, financial and business
status, or any other pertinent information, but not concerning
race, color or creed.
22.04 Discrimination prohibited. It is unlawful for any person
to discriminate: -
(a) By refusing to sell, lease, finance or contact to
thereof.
construct housing or by refusing to discuss the terms
(b) By refusing to permit inspection or exacting different
or more stringent price, terms or conditions for the sale,
lease or rental of housing.
(c) Uy refusing to finance or sell an unimproved residential
lot or to construct a home or residence upon such lot.
(dl By publishing, circulating, issuing or displaying, or
causing to be published, circulated, issued or. displayed,
any communication, notice, advertisement or sign in con-
nection with the sale, financing, lease or rental of
housing, which states or indicates any discrimination in
connection with housing.
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1. 22.05 Fair Housing Commission to Administer. This chapter shall
be administered bv the Fair Housinz Commission. All proceedinns
for the enforcement of any provision of this chapter shall be
commenced by filing a complaint with the Commission in the
manner hereinafter specified. The Commission may promulgate
such rules as are necessary to carry out this chapter. The
Commission shall at tt.e end of each term make a report in writing
to the Common Council, statins in detail the work it has done
and its recommendations, if any. ?.To publicity shall be given a
with this chapter or the Commission finds that the complaint is
complaint in those cases where the Commission obtains compliance
without foundation.
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22.06 Commission Powers.
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charging violations of this chapter. All complaints
(a) The Commission may receive and investigate complaints
shall be in writing and shall contain the following:
(1) The name and address of the complainant:
(2) The name and address of the respondent or respondents:
alleged discrimination or discriminatory practice:
(3) A statement setting forth the particulars of the
(4) The date or dates of the alleged discrimination or
discriminatory practice: and
(5) They shall be verified by the complaining person.
(b) In carrying out this chapter, the Commission and its
duly authorized agent:; are empowered to hold hearings,
subpoena witnesses, take testimony and make investi-
gations as provided in this chapter.
that any discrimination has been or is being committed
(c) If the Commission finds probable cause to believe
in violation of this [chapter, it shall immediately
endeavor to eliminate such discrimination by conference,
mines that such conference, conciliation and persuasion
conciliation and persuasion. If the Commission deter-
has not eliminated the alleged discrimination, the
Commission shall issue and serve a written notice of
hearing, specifying the nature and acts of discrimination
which appear to have been committed, and requiring the
person named, hereinafter called the "respondent", to
The notice shall specify a time of hearing, not less
answer the complaint at a hearing before the Commission.
than ten (10) days after the service of the complaint,
and a place of hearing within the City. In all hearings
before the Commission, except those for determining
probable cause, the burden of proof shall be on the
party alleging discrimination. If, after the hearing,
the Commission finds by a fair preponderance of the
nation in violation of this section, the Commission
evidence that the respondent has engaged in discrimi-
shall make written findings and order such action by the
respondent as will effectuate the purpose of this chapter
and shall serve, by certified or registered mail, a
certified copy of its findings and recommendations on
the respondent to comply with the recommendations. If
the Commission finds that the respondent has not engaged
in discrimination as alleged in the complaint, it shall
serve, by certified OI? registered mail, a certified copy
of its findings on the complainant and respondent, to-
gether with an order dismissing the complaint.
22.07 Testing Prohibited. It is unlawful for any person not
under this chapter to solicit offers or to buy or lease from
having any bona fide intenxion -to avail himself of any rights
property owners or lessees or their agents, for the sole
Any person found by the Cornmission after the hearing procedure
purpose of securing evidence of a discriminatory practice.
hereinbefore provided to have violated this chapter shall be
subject to the penalties hereinafter prescribed under Chapter
22.10. Such finding shall be subject to the enforcement
provided in Chapter 22.08.
shall ne by the order of the Commission within
22.08 Enforcement. If the respondent or the complainant
the time therein specified,, the Commission shall, in the
name of the City, upon written demand of either complainant
cr respondent promptly file in the Municipal Justice Court
of Muskego the complaint upon which the matter was heard, and
a ccpy of the Commission’s order thereon, and praying for a
judgment exacting the forfeiture hereinafter provided for
()I issued by said court and the matter brought to trial. Such
violation of this ordinance. Thereupon a summons shall be
action shall be heard as a trial de novo on all issues de-
be to prove discrimination by a fair preponderance of the
cided on the hearing. In my such trial, the burden shall
ments for the attendance of- witnesses may be taxed in favor
evidence. Costs not to exceed $100.00 plus actual disburse-
of the prevailing party.
22.09 City Attorney to Appear. The City Attorney shall appear
for the City in all proceedings under this chapter.
22.10 Penalty. Any person who willfully violates this chapter
or any lawful order issued hereunder shall, for each violation,
forfeit not less than $lO.ClO nor more than $200.00. Payment
of any forfeiture shall be stayed during the period in which
any appeal may be taken and during the pendancy of any appeal
from the judgment of said Court. e
22.11 Non-Severability. If any provision of Section 22.02 is
declared invalid, such invalidity shall effect and render
invalid all other provisions of this ordinance.
SECTION 11.
This ordinance shall take effect and be in full force from
and after its passage and publication.
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e ATTEST: + City Clerk