§ 24-12.8. Private Enforcement.

a.

Any person, including a legal entity or organization or a government agency, acting for the interests of itself, its members, or the general public, may bring a civil action to enforce this section 24-12. Upon proof of a violation, a court shall award the following:

1.

Damages in the amount of either:

(a)

Upon proof, actual damages; or

(b)

With insufficient or no proof of damages, five hundred ($500.00) dollars for each violation of this section (hereinafter statutory damages). Unless otherwise specified in the section, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this section, no person suing on behalf of the general public shall recover statutory damages based upon a violation of this section if a previous claim brought on behalf of the general public by another person or the City for statutory damages and based upon the same violation has been adjudicated, whether or not the person bringing the subsequent claim was a party to the prior adjudication.

2.

Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, retaliation, or a conscious disregard for the public health.

b.

A person may also bring a civil action to enforce this section by way of an injunction or a conditional judgment. Upon proof of a violation, a court shall issue an injunction or a conditional judgment.

c.

Nothing in this section prohibits a person from bringing a civil action in small claims court to enforce this section, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements set forth in California Code of Civil Procedure Section 116.220.

(Ord. No. 3038 N.S., § 1, 11-1-2011)