§ 8.22.770. Remedies.

A.

Administrative Remedies.

1.

Administrative Citation. Any person violating any provision or failing to comply with any requirements of this Tenant Move Out Agreement Ordinance may be assessed an administrative citation pursuant to O.M.C. Chapter 1.12 for the first offense.

2.

Administrative Civil Penalties. Any person violating any provision or failing to comply with any requirements of this Tenant Move Out Agreement Ordinance multiple times may be assessed a civil penalty for each violation pursuant to O.M.C. Chapter 1.08.

B.

Civil Remedies.

1.

A tenant who believes that an owner has violated provisions of this Tenant Move Out Agreement Ordinance may file an action against the owner for equitable relief (e.g., injunctions and restitution), actual damages or minimum damages, and recovery of costs and reasonable attorney's fees. The greater of actual damages or minimum damages of five hundred dollars ($500.00) per violation shall be awarded for an owner's failure to comply with the obligations established under this Article. The greater of treble actual damages or minimum damages of one thousand dollars ($1,000.00) per violation shall be awarded for an owner's willful failure to comply with the obligations established under this Article.

2.

The City Attorney may file an action against an owner that the City Attorney believes has violated provisions of this Article. Such an action may include requests for equitable relief (e.g., injunctions and restitution), assessment and recovery of administrative citations and civil penalties, and recovery of costs and reasonable attorney's fees. The City Attorney has sole discretion to determine whether to bring such an action.

3.

An owner who violates subsection 8.22.730 A.—C., 8.22.740, or 8.22.780 D. of this Tenant Move Out Agreement Ordinance with respect to elderly or disabled tenants is liable in a court action for each and every such offense for monetary damages of no less than three (3) times the actual damages suffered by their aggrieved tenant(s) (including damages for mental or emotional distress), or for minimum damages of one thousand dollars ($1,000.00) per offense, whichever is greater. Any owner who willfully violates subsection 8.22.730 A.—C., 8.22.740, or 8.22.780 D. of this Tenant Move Out Agreement Ordinance with respect to elderly or disabled tenants is liable in a court action for each and every such offense for money damages of no less than three (3) times the actual damages suffered by their aggrieved tenant(s) (including damages for mental or emotional distress), or for minimum damages of one thousand five hundred dollars ($1,500.00) per offense, whichever is greater.

4.

An owner who violates subsection 8.22.730 A.—C., 8.22.740, or 8.22.780 D. of this Tenant Move Out Agreement Ordinance with respect to catastrophically ill tenants is liable in a court action for each and every such offense for monetary damages of no less than three (3) times the actual damages suffered by their aggrieved tenant(s) (including damages for mental or emotional distress), or for minimum damages of one thousand five hundred dollars ($1,500.00) per offense, whichever is greater. Any owner who willfully violates subsection 8.22.730 A.—C., 8.22.740, or 8.22.780 D. of this Tenant Move Out Agreement Ordinance with respect to catastrophically ill tenants is liable in a court action for each and every such offense for money damages of no less than three (3) times the actual damages suffered by their aggrieved tenant(s) (including damages for mental or emotional distress), or for minimum damages of two thousand dollars ($2,000.00) per offense, whichever is greater.

C.

Nonexclusive Remedies and Penalties. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude a party from seeking any other remedies, penalties, or procedures provided by law.

D.

An owner who believes a tenant may not be eligible for enhanced penalties due to age, disability, or catastrophic illness may utilize the procedure set out in regulations for contesting similar status under the Just Cause for Eviction Ordinance (O.M.C. 8.22.300, et seq.). This subsection does not preclude an owner from contesting eligibility in a later administrative or court proceeding.

(Ord. No. 13483, § 1, 4-17-2018)