Title 6 HOUSING
Chapter 6.40 VIOLATIONS AND ENFORCEMENT*
6.40.010 Violations and penalties.
6.40.020 Enforcement.
* Legislative History: M.C. 1961, Art. 15; Ord. No. 1985-48, 9/9/1985; Ord.
No. 1987-59, 11/16/1987; Ord. No. 1992-2, 1/27/1992; Ord. No. 1992-36,
11/23/1992; Ord. No. 1993-2, 1/25/1993; Ord. No. 1993-5, 4/12/1993; Ord. No.
1994-35, 12/12/1994.
6.40.010 Violations and penalties.
A. Any violation of this title shall be a Class C municipal infraction
except as otherwise specifically provided.
B. Operating or permitting the
operation or occupancy of a rental facility or business premises without having
applied for and obtained a rental housing license or a commercial occupancy
license, as applicable, or after a license has expired or been suspended,
revoked or denied shall be a Class AA municipal infraction violation.
C. The
following shall be Class A municipal infraction violations:
1. Any Property
Maintenance Code violation which poses an imminent danger to health, safety, or
welfare or a substantial hardship to the occupant;
2. Failure to obey an
order of the Commission;
3. Failure to file a rent stabilization report or
submission of a false, incomplete or inaccurate rent stabilization
report;
4. Charging or attempting to charge an illegal rent or
fee;
5. Submitting false information or making false statements to the
Department or to the Commission;
6. Any violation of Chapter
6.32;
7. Failure of an owner, agent or operator of any unsafe building to
comply with any notice or order issued under Chapter 6.36.
D. The failure of
any occupant of an unsafe building to comply with any posted warning placard or
notice or order to vacate shall be a Class D misdemeanor violation.
E. Each
day a violation continues shall be considered a separate violation. The
imposition of an illegal rent or fee shall be a separate violation for each
affected rental unit. (Ord. 2006-50 § 2, 2006: Ord. 2003-7 § 1 (part),
2003: prior code § 6-1000)
6.40.020 Enforcement.
A. The City may take any appropriate action to enforce or correct
violations of this title.
B. In addition to any other penalties and remedies
provided for in this title or by applicable law, the City may apply to a court
of competent jurisdiction for abatement orders, restraining orders, temporary or
permanent injunctions, or any other appropriate form of remedy or relief to
correct, restrain, or enjoin violations of this title.
C. The City may bring
suit to collect all costs, assessments, liens or charges imposed or incurred by
the City in taking any action authorized by this title.
D. In the event that
a landlord brings an action against a tenant that is contrary to a Commission
order, the court shall dismiss the action against the tenant and may award the
tenant attorney’s fees and costs incurred in defending against the
landlord’s action. (Ord. 2003-7 § 1 (part), 2003: prior code §
6-1001)
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