HomeMy Public PortalAboutOrd. 09397
I'
ORDINANCE NO, 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING CHAPTER 25-A OF THE CODE OF 'I'HE
CITY OF LYNWOOD RELATING TO CERTAIN REAL ESTATE
ACTIVITIES
THE CITY COUNCIL OF THE CITY OF Ll'NWOOD F3EREBY DOES ORDAIN
AS FOLLOWS:
SECTION 1: Section 3 of Chapter 25-A of the Code of the City of Lynwood is
amended to read:
Sec. 3. Prohibited Acts.
It shall be unlawful for any person, firm, partnership, association or
corporation to commit any one or more of the following acts:
(a) To induce directly or indirectly or attempt to induce directly or
indirectly the sale or listing for sale of real property by representing
that an adverse change has occurred or wiLl or may occur with respect
to the racial, religious, or ethnic composition of the block, neighborhood
or area in which the property is tocated;
(b) To induce directly or indirectly, or attempt to induce directly or
indirectly, the sale or listing for sale of real property by representing
thatthe presence or anticipated presence of persons of any particular
race, religion, or national origin in the area will or may resutt in
(1) The lowering of property values;
(2) An increase in the criminal or antisocial behavior in the area;
(3) A decline in the quality of the schools serving the area;
(c) To make any misrepresentations concerning the Listing for sale or
the anticipated Listing for sale, or the sale of real property in the area
for the purpose of inducing or attempting to induce the saLe or Listing for
sale of real property;
(d) To make any representations to any prospective purchaser that any
block, neighborhood, or area has, will, or might undergo change with re-
spectto the religious, racial or ethnic composition ofthe block, neighborhood,
or area for the purpose of discouraging the purchase of property in a partt-
cular area;
(e) To place a sign purporting to offer Por sale any propertythat is not
in fact offered for sa1e;
(f) To advertise for sale or rental property which is not actually for sate
or rental;
(g) To engage in, or hire, or conspire with others to commit acts or
activities of any nature, the purpose of which is to coerce, cause panic
or unrest, create or play upon fear, with the purpose of inducing or attempt-
ing to lnduce the sale or listing for sale of real property;
(h) To solicit a real estate transaction and/or a Listing for a real estate
transactton from any homeowner who has previously requested in writing that
such person refrain from soliciting such homeowner;
ORDINANCE NO.
Page 2
(i) To engage in any economic reprisat or any other form of intimidation
against any person because that person has fited a complaint, testified,
assisted, or participated in any manner in any investigation, proceeding, or
conference under the terms of this ordinance;
(j) To employ, aid, abet, incite, compel or coerce any person to
engage in any of the practices forbidden by this chapter.
SECTION 2: Section 4 of Chapter 25-A of the Code of the City of Lynwood
is amended to read as follows:
Sec. 4. Enforcement.
(a) The Real Estate Practices Commission shaLl have the following
functions, powers, and duties in addition to those provided otherwise by
law :
(1) To adopt, promulgate, amend and rescind suitable rules and
regulations to carry outthe provisions ofthis ordinance provided that such
rules and regulations shall be approved by the City Council and, upon
approval, filed with the City Clerk;
(2) To receive and investigate complaints alleging violations of the
provisions of this ordinance;
(3) To hold conference and make investigations, and for this purpose
to ca1L upon City of Lynwood officials and employees and other bod'tes to aid
and assist it therein;
(4) To render each year to the City Council a written report of
activities pertaining to this Chapter.
(b) Any person claiming to be aggrieved by an alleged unlawful practice
forbidden by this ordinance, may by himself or by his attorney at law, make,
sign, and file with the ReaL Estate Practices Commission a verified complaint
in writing which sha1L state the name and address of the person, firm, partner-
ship, or corporation alleged to have committed the unlawful practice complained
of and which shall set forth the particulars thereof and contain such other
information as may be reasonably required by the Real Estate Practices
Commission.
(c) After the filing of a complaint by an aggrieved person, or by any City
of Lynwood resident, the ReaL Estate Practices Commission shaLl cause a
prompt investigation to be made of the alleged unlawful practice.
(d) If, after such investigation, the Rea1 Estate Practices Commission
shall determine that no probable cause exists for crediting the allegations
of the complaint, it shall, within ten (10) days from such determination,
cause to be issued and served upon the complainant written notice of such
determination,
(e) If, after such investigationp the ReaL Estate Practices Commission shall
determine that probable cause exists in accordance with the allegations of the
complaint, it shall take one or more of the following steps:
(1) Endeavor to eliminate the unlawful practice complained of by
conference and conciliation. Such conferences shall be open to the public
unless otherwise requested by one or both of the parties to the conference;
t ,
ORL7INANCE NG.
Page 3
~
(2} Refer the matter to the Real Estate Commission of the State
of California Eor such disciplinary action as may seem appropriate,
and may make any records available to the Commission as may relate
to the matter, notwithstanding any other action which the Real Estate
Pract~ices Cornmiesion rnay take or m~y already have taken;
(3) Refer the matter to appropriate federal officials for action
pursuant to Title VIII of the Civil Righ~ts Act of 1968 (the Fair Housing
Law);
(4) Refer the entire file to the appro~riate legal representative
of the City of Lynwood for such actioea as maq be deemed proper or
necessary under the circumstances.
SECTION 3: The City Clerk is hereby ordered and directed to certify
to the passage of this ordinance and to cause the same to be published once in the
Lynwood Press, a newspaper of general circulation, printed, published, and circu-
lation, printed, published, and circulated in the City of Lynwood.
First. read at a regular meeting of the City Council of said City held on
the 7-st day of May , 1973, and adopted and ordered published at a regular
meeting of said City held on the 15th day of May , 1973, by the following
vote:
AYES: COUNCILMEN: Byork, Lieever, Morris, Rowe, Steuens.
NOESo COUNCILMEN: None ,
ABSENT: COUNCTLMEN:
ATTEST:
("1 ~ /// i` . .,
~JOSEPhIINE L, SHEPT~ER
City C1erk
City of Lynwood
City of Lynwood
STATI~ Ob' Cl1L3P0YI~IP. )
ss.
COUN'I'Y Ol' L,OS A??GE1,BS )
~ I, the unde.rsi~ned,
Lynwood, and e~-oificio cle~'k
he?~eb;/ certi£5~ t7iat t,he above
Ordinancc- No. 939 adopted
of T.,ynwood, and that: sarne was
vcte therein stated.
City C:lerlc oi' the City of
of the Council of said city, do
_s a true and correcti copy of
bq the C~ ty Counci 7, oF the C9.ty
passed on the date a.nci b,y the
Dated Lhis 17th~,dav of _ May_ > 19Z3-
Cit,y C].erk, City of Lynwood