§ 30-79. Civil liability; penalties; attorneys' fees.  


Latest version.
  • (a)

    Any person who violates a provision of this chapter or any lawful rule, regulation, or written order of the special master under this chapter is subject to injunction or other equitable relief to enforce compliance with or to prohibit the violation of this chapter. Further, such person is liable for any damage to city caused by such violation, and for the reasonable costs and expenses incurred by the city in enforcing the provisions of this chapter, including, but not limited to, all costs for enforcement, administrative and clerical costs, special master fees, and collection. All such sums shall become immediately due and payable upon expenditure by the city and shall become delinquent if not paid within 30 days after notice to the violator of either the city's bill or special master's order itemizing the enforcement costs incurred in enforcing the provisions of this chapter (the "due date"). All such delinquent sums shall bear interest at the rate of 12 percent per annum.

    (b)

    In addition to the foregoing, any person who violates a provision of this chapter or any lawful rule, regulation or written order of the special master under this chapter is subject to the judicial imposition of a civil penalty for each offense in an amount not to exceed that set forth in subsection 30-74(d). Each day during any portion of which a violation occurs constitutes a separate offense.

    (c)

    Upon the rendition of a judgment or decree by any of the courts of this state against any person and in favor of the city in any action to enforce compliance with or prohibit the violation of the provisions of this chapter, the court shall adjudge or decree against that person and in favor of the city a reasonable sum as fees or compensation for the attorney acting on behalf of the director of code compliance, director of building, fire marshal or the city in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this chapter. Cessation of the violation of any of the provisions of this chapter prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the director of code compliance, director of building, fire marshal or the city to enforce the provisions of this chapter, shall be deemed for the purposes of this section the functional equivalent of a confession of judgment or verdict in favor of the director of code compliance, director of building, fire marshal or the city to enforce the provisions of this chapter, shall be deemed for the purposes of this section the functional equivalent of a confession of judgment or verdict in favor of the director of code compliance, director of building or fire marshal, for which attorney's fees shall be awarded as set forth in this section.

    (d)

    Nothing in this section shall be construed to permit or require the director of code compliance, director of building, fire marshal nor city attorney to bring an action on behalf of any private person.

(Ord. No. 2000-3236, § 1, 5-10-00; Ord. No. 2010-3696, § 2, 9-20-10)