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Town of Hamburg, NY § 109-6 HAMBURG CODE § 109-8 to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions. C. Action. If, at the conclusion of the investigation, the Supervisor's designee shall determine that there is probable cause to credit the allegation of the complaint, the designee shall certify the matter to the Town Attorney, who shall institute proceedings in the name of the Town. In the event of a conflict of interest between Town personnel and the respondent(s), the Supervisor's designee may refer the matter to outside counsel, providing notice to interested parties within 30 days of the date upon which the conflict was determined. [Amended 5-23-2016 by L.L. No. 5-2016] D. Conciliation. If, in the judgment of the Supervisor's designee, a conciliation agreement would satisfactorily resolve the complaint, he/she shall seek to facilitate such an agreement, which may include provisions requiring the respondent to refrain from unlawful discriminatory practices and pay such compensation and/or perform affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality. [Added 5-23-2016 by L.L. No. 5-2016] § 109-7. Penalties for offenses. A. Any person found to have violated any provision of this chapter shall be subject to the following: (1) A fine or penalty as set forth in the Schedule of Fines and Penalties. The Town may choose to designate a portion of any recovery to further the purposes of this chapter. (2) Revocation or suspension of any license or permit necessary for the operation of the dwelling unit in question. (3) Costs, expenses and disbursements incurred by the Town, necessary to obtain complete compliance by the respondent with the chapter; and/or restraining orders and temporary or permanent injunctions necessary to obtain complete compliance with this chapter. B. Each day a violation continues shall constitute a separate violation of this chapter. C. The Town Attorney may institute criminal action to punish a violation of this chapter by imprisonment for a term not exceeding 30 days if the above proceeding does not result in compliance with this chapter. D. The Town may choose to designate a portion of any penalties recovered to further the purposes of this chapter, including further public information; the engagement of a fair housing agency or agencies to further promote fair housing activities within the Town; the participation by the Town in/ with any other organization whose principal goal is to provide fair housing and/or housing counseling activities; the offset of any fees and/or expenses originated with the pursuit of this chapter. § 109-8. Court action. [Amended 5-23-2016 by L.L. No. 5-2016] Any person claiming to be aggrieved by an unlawful discriminatory practice as defined by § 109-3A of this chapter shall have a cause of action in any court of competent jurisdiction within one year from the date of the occurrence for damages and such other remedies as may be appropriate. The court may: A. Award actual damages, including but not limited to mental anguish, embarrassment and humiliation; B. Award punitive damages; Downloaded from https://ecode360.com/HA0055 on 2026-07-10 30