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HomeMy Public PortalAboutOrd. 0901_, ORDINANCE NO. 901 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY O~' LYiWJOOD ADDING CHAPTER 25-A TO THE CODE OF iHE CITY OF LYNWOOD TO PROHIBIT DISCRIMINATORY PRACTIGES AND THE INCITING OF UNREST, TENSION AND FEAR WITH RESPECT TO REAL ESTATE TRANSACTIONS IN THE CITY OF LYNWOOB THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN: SECTION I. Chapter 25-A is added to the Code of the City of I,ynwood to read: CHAPTER 25-A REAL ES~ATE TRANSACTIONS Sec, 1. Definitions As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meaning described in this section; (a) Person; The term "person" includes any firm, association, part- nership, or corporation, as well as a natural person. The term "'person" as applied to partnerships or other associations includes their members, and as applied to £irms and corporations includes their officers and employees. (bj Canvassing: The term '"canvassing" includes door to door soliciting or soliciting by the use t~f circulars, visitations, telephone calls or any other means, where the canvasser or his employer has not been invited or requested by the owner as defined in (c), to obtain a listing of real property or to confer with the owner regard'sng a real estate transaction. The term "canvassing" as defined shall not apply when such soliciting is restricted to a specific house on a particular day. (c) Owner: The term "owner" includes the lessee, sublessee, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent, or lease any real property, (d) Purshaser: The term "purchaser" includes any occupant, prospec- tive occupant, lessee, prospective lessee, buyer, prospective buyec, or any agent of these. Sec. 2a Intent to Canvass (a) Any person who receives ~r expects to receive pecuniary gainfrom the sale of real property in the City of Lynwood shall be required to complete and file a form provided by the City Clerk in accordance with paragraphs (b) and (c) of this Section prior to engaging in any activities to canvass in the City of Lynwood in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property. (b) The form shall contain the following information: (1) name and address of the person completing the form; (2) name and address o£ person by -1- whom such person is employed; and (3) a listing of the particular block or blocks in the City of Lynwood which the person intends to canvass, as well as the date or dates of canvass, This listing shall be a realistic estimate of the actual intent of the canvasser. (c) The form shall be completed and filed no less than ten (10) days or more than thirty (30) days prior to the date on which the canvass will take place. 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 located; (b) To induce directly or ind'uectly, or attempt to induce directly or indirectly, the representing that the presence or anticipated presence of persons of any particular race, religion, or national origin in the area will or may result 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 Co iriduce the sale or listing for sale of real property; (d) To make any representation to any prospective purchaserthat any block, neighborhood, or area has, will, or might undergo change with respect to the religious, racial or ethnic composition of the block, neighborhood, or area for the purpose of discouraging Yhe purchase of property in a particular area; (e) To place a sign purporting to offer for sale any property that is not in fact offered for sale; (f) To advertise for sale or rental property which is not actually for sal~ 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 attempting to induce the sale or listing for sale of real property; (h) To solicit a listing from any homeowner who has previously re- quested in writing that such person refrain from soliciting such homeowner; (i) To engage in any economic reprisal or any other form of intim- idation against any person because that person has filed a complaint, testi, fied, assisted, or partiCipated in any manner in any investigation, proceeding, or conference under the terms of th~s ordinance; (j) To employ, aid, abet, incide, compel or coerce any person to engage in any of the practices forbidden by this chapter, or to obstruct or pl~event any person from complying with the provisions of this chapter. -2- Sec. 4. Enforcement (a) The City Manager shall have the foilowing functions, powers, and duties in addition to those provided otherwise by law: (1) To adopt, promuigate, 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; (3) To hoid conferences and make investigations, and for this purpose, to call upon City of Lynwood officials and employees and other bodies to aid and assist him 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 City Manager 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 City Manager. (c) After the filing of a complaint by an aggrieved person, or by any City of Lynwood resident, the City Manager shall cause a prompt investigation to be made of the alleged unlawful practice. (d) If, after such investigation, the City Manager shall determine that no probable cause exists for crediting the allegations of the complaint, he 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 City Manager shall determine that probable cause exists in accordance with the aliegations of the com- plaint, he shall immediately endeavor to eliminate 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, He may refer the matter to othee public boards of City of Lynwood officials or employees to conduct or assist in such conferences. (f) If the practice complained of be not eliminated, the City Manager may: (1) Refer the matter to the Real Estate Commission of the State of California for such disciplinary action as may seem appropriate, and may make any records available to the Commission as may relate to the matter, notwithstandinq any other action which the City Manager may take or may already have taken; or, (2) Refer the entire file to the appropriate legal representative of the City of Lynwood for such action as he may deem proper or necessacy in the circumstances. -3- . , . ~ "Sec. 5 Penalties "Any person, firm, partnership, association, or corporation who violates any provision of this chapter, shall, after conviction be punishable by a fine of not more than two hundred ($200.00) dollars, or thirty (30) days in jail, or both." Section II If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person or circumstances, shall for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not af£ect, imoair or invalidate the remainder of this article. Section III. The City Council finds and determines that the following facts require that this ordinance take effect immediately as an urgency ordinance for the preservation of the health, safety, and general welfare of the citizens of Lynwood: Numerous persons bent on unfair economic exploitation have heretofore resorted to the practice of inciting neighborhood unrest, community tension, and fear of racial, religious or ethnic predominance in several neightborhoods within the City of Lynwood by disturbing residents with repeated door-to-door solicitations of liSing their homes for sale and by inducing the notion that grave economic loss has been occasioned or threatens homeowners in that area. Such practices present a grave and immediate danger to the health, safety and general welfare of the citizens of this City in that such practices frustrate intergroup relations and civic objectives, will tend to prove economically adverse to the City and the property values therein, do tend to create racial, religious, and ethnic ghettos, and disturb the peace and tranquility of the community. Section IV. 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 and published in the City of Lynwood. -4- First read and finally adopted and ordered published at a regular meeting of the City Council of the City of Lynwood held on the 21st day of December, 1971, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: Councilmen None. Absent: Councilmen None. /°~r2~~i ~~, Mayor e City of Lynwood ATTEST: ~ , , .. <... , _ i_ ~, 4 City Clerk, City of ynwood .. . ~ F ~ I , _t _ ~m~TE OF ~ALIFORNIA ) . ss. COUNTY OF' i,OS ANGELE,"~ j I, the undersigned, City Clerk of the City of Lynw~~.d, and ex-~fficio clerk of the Council of said ait,y, d.: ha~eoy certify that the above is a true and ~oxr°ect: copy of Ordinance No. 901 adopted by the City Counr_il ~~f the ~ity of Lynwood, and that same was passed or the da.e and by the vote therein stated. Dated *his ZZnd day of December , 19 71, ~ t _:~.~/f{-u- i~- ..'/Le%~E'iil%; CITY'CLERK, CITY OF L NWOOD '-`