§ 4700.6.

CITIZEN ENFORCEMENT ACTIONS

a.

Any citizen may commence a civil action on his or her own behalf against any person who is alleged to have violated, or to be in violation of the provisions of this Article. For purposes of this Section, “citizen” shall mean either an individual who resides in the City; or a corporation, partnership or association that maintains its principal office in the City, and which has an interest which is, or may be, adversely affected.

b.

In any action brought under this Section where the City is not a party, the City may intervene as a matter of right. Whenever an action is brought under this Section, the plaintiff shall serve a copy of the complaint on the City Attorney upon filing. No consent judgment or settlement shall be entered in an action in which the City is not a party prior to 30 days following receipt of the proposed consent judgment or settlement by the City Attorney.

c.

The court in issuing any final order brought pursuant to this Section shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party who brought the underlying action, when the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought by the citizen, require a filing of a bond or undertaking in accordance with State law and local court rules.

d.

Nothing in this Section shall restrict any right which any person may have under any statute, ordinance, or common law to seek enforcement of any requirement prescribed by or under this Article, or to seek any other relief. Nothing in this Section shall be construed to prohibit or restrict the City from bringing any administrative, civil or criminal action or obtaining any remedy or sanction against any person to enforce any requirement set forth in this Article.

History

(Added by Ord. 285-98, App. 9/18/98)

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