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HomeMy Public PortalAboutOrd. 0912r + ORDINANCE NO. 912 AN ORDINANCE OF THE CITY COUIVCIL OF THE CITY OF LYNWOOD ADDING ARTICLE IX TO CHAPTER 2 OF THE CODE OF THE CITY OF' LYNWOOD ESTABLISHING A REAL ESTATE PRACTICES COMMISSION AND SETTING FORTH THE POWERS AND DUTIES THEREOF THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: Section 1. Article IX is added to Chapter 2 of the Code of the City of Lynwood to read: Article IX REAL ESTATE PRACTICES COMMISSION Sec. 2, 180 Creatior,. There is created hereby a Real Estate Practices Commission as provided in this article. Sec. 2. 181 Composition, The Real Estate Practices Commission shall consist of five (5) members, all of whom shall be residents of the City of Lynwood. Two of the members shall be members of the real estate profession, and three of the members shall be mexnbers of the general public not engaged in the real estate profession. The City Manager or his designated representative shallserve as the Secretary ofthe Commission, but shall not be entitled to vote or otherwise be considered a member of the Commission. Sec. 2. 182 Appointment of Members. The members of the Real Estate Practices Commission sha11 be appointed by the City Council. Sec. 2, 183 Term of Office. The term of office of the members of the Real Estate Practices Commission first appointed shall be selected by lot as follows: one member of the public for a term of two years; one member of the public and one member of the real estate profession each for a term of three years; and one member of the public and one member of the real estate profession each for a term of four years. All succeeding terms shall be for a period of four years. Members shall hold office until their successors are qualified and take office. Sec, 2, 184 Removal from Office. Members may be removed prior to the expiration of their term by a majority vote of the members of the City Council. Absence from three consecutive meetiqgs without cause sha11 be deemed to constitute the retirement of such absent member and his position shall thereupon become vacant. Sec. 2. 185 Meetings, The Real Estate Practices Commission shall meet regularly at least once a month in the Council Chambers in the City Hall of the City of Lyr_wood, except as otherwise provided by law, Special meetings may be ca.lled by the chairman or a majority of the members of the Commi~sion. All meetings shall be open to the public except as otherwise authorized by the laws of the State of California. Regular minutes ORDINANCE NO, REAL ESTATE PRACTICES COMIVIISSION Page 2 of commission meeting shall be maintained by the Commission and be available for public inspection. Sec. 2, 186 Organization, The Real Estate Practices Commission shall elect one of its members as chairman and one oF its members as vice chairman, The Commission members so elected shall hold office for one year and until their successors are elected. The Commission shall estab- lish such rules and regulations as it deems necessary for the regulation of its proceedings and the performance of its duties. Such rules and re- gulations shall not be inconsistent with the laws of the State or the ordi- nances of the City of Lynwoode Sec. 2, 187 Powers and Duties. The Real Estate Practices Commission shall have the following powers and duties: (a) To investigate~ study, review, and analyze real estate practices within the City of Lynwood, with special emphasis on such questionable and unworthy practices as may be associated with racial and/or ethnic discrimi- nation and blockbustixig in connection with the sales of residential property in the City; (b) To make recommendations to the City Council of the City of Lynwood concerning policies, resolutions, and/or ordinances which might be adopted by that body to upgrade and improve real estate practices within the City of Lyn.wo~ad especially as they relate to discrimination and blockbusting; (c) To work with the Ethical Practices Committee of the Lynwood- Compton Board of Realtors to help formulate such recommendations; and, (d) To serve as the agency responsible For the enforcement of Chapter 25-A of the Code of the City of Lynwood. 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 out the provisions of this 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• ORDINANCE NOo REAL ESTATE PRACTICES COMMISSION Page 3 (3) To hold conferences and make investigations, and for this purpose to call upon City of Lynwood officials and employees and other bodies 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 be himself or by his attorney at law, make, sign, and file with the Real Estate Practices Commission a verified complaint in writing which shall state the name and address of the person, firm, partnership, 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 Real Estate Practices Commission shall determine that no probably'cause exists for crediting the allegations of the complaint9 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 investigation, the Real Estate Practices Commission shali determine that probably cause exists in accordance with the allegations of the complaint, it shall immediately endeavor to elimi- nate the unlawful practice complained of by conference and conciliation, Such conference shall be opened to the public unless otherwise requested by one or both of the parties to the conference. It may refer the matter to other public boards of the City of Lynwood officials or employees to conduct or aseist in such conferences. (f) If the practice complained of be not eliminated, the Real Estate Practices Commission may: (1) Refer the matter to the Real Estate Commission of the State of California for such disciplinary action as may seem appro- priate, and may make any records available to the Commission as may relate to the matter notwithstanding any other action which the Real Estate Practices Commission may take or may already have taken; or (2) Refer the matter to the Office of Equal Opportunity (Housing Opportunity Division)for appropriate action pursuantto Title VIII of the Civil Rights Act of 1968 (the Fair Housing Law); or (3) Refer the entire file to the appropriate legal repre- sentative of the City of Lynwood for such action as it may deem proper or necessary in the circumstanceso . 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 circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 7th day of June, 1972, and adopted and ordered published at a regular meeting of said County held on the 20th day of June, 1972, by the following vote: Ayes: Councilmen Byork, Liewer, Morris, Rowe Stevens Noes: Councilmen None Absent: Councilmen None. ~, _ ,~~'~~'l~ ~ ~ ~ ~~~, ~.t , Mayor of the City o L wood ATTEST: '~,GP.i'~~~ ~/ ~i/ ~ %/~/ F'-' ( ~ ;G1ty Clerk, City of L nwood . ~TA'PE OF ~ALIF+ORNIA ) . ss. COUNTY OF LOS ANGELES ) I, che undersigned, City Clerk of the City of Lynwccd, and ex-o£ficio clerk of the Council of said city, do hereby certify that tne above is a true and co.r~°ect copy of Ordinance No. 912 adopted by the City ~uuncil of' tha ~ity of Lynwood, and that same was passed c'^ ~rA~ ~=..~ and by the vote therein stated. Dated this 22nd day o£ June 197z . ~ ~ ~s.'F~~taii '~ ~ ~~ ~ CITY''CLERK, CITY 0 LYNWOOD