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Ordinance No. <br />in the circuit or superior court of St. Joseph County or any other court of proper <br />jurisdiction, and if the court finds that a discriminatory housing practice has occurred or <br />is about to occur, the court may grant any relief appropriate in a civil action under this <br />Article or IC 22- 9.5 -8.1 -2 or as authorized by the Civil Rights Act of 1991, or the federal <br />Fair Housing Act. <br />(3) In those cases involving discriminatory housing practices as prohibited by this Act <br />where final adjudicative Commission action is in favor of the charging parry, the <br />charging party shall be permitted to have damages determined in the circuit of superior <br />court of St. Joseph County or any other court of proper jurisdiction having the power to <br />award punitive damages as allowed by the Fair Housing Act. Charging parties shall make <br />such a request to the Commission in writing within five (5) days from the notice of final <br />Commission action, which notice shall advise charging party of this right to damage <br />determination, and the Commission shall represent charging party at the Commission's <br />expense in such court action for damages. The Commission shall seek such a judicial <br />determination of damages within one (1) year of the alleged discriminatory housing <br />practice. If it is impracticable for the Commission to seek such a determination within <br />one (1) year of the alleged discriminatory act, it shall notify charging party and <br />respondent in writing of its reasons for not doing so, and shall undertake such judicial <br />determination as soon as practicable. <br />SECTION VIII. Severability. If any part, section, subsection, sentence, clause or <br />phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, <br />such decision shall not affect the validity of the remaining portions of this Ordinance. <br />SECTION IX. Any part, section, subsection, sentence, clause or phrase of Chapter 2, <br />Article 9 of the South Bend Municipal Code (known as the Human Rights Ordinance ) not <br />amended by this Ordinance shall remain in full force and effect, and shall be interpreted <br />consistent with this Ordinance. <br />SECTION X. This ordinance shall be in full force and effect from and after is passage by <br />the Common Council, approval by the Mayor and legal publication. <br />7 <br />