(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 chapter. Upon proof of a violation, a court shall award the following:
(1) Damages either:
(a) Upon proof, in the amount of actual damages; or
(b) With insufficient or no proof of damages, $500.00 for each violation of this chapter (hereinafter “statutory damages”). Each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this chapter, no person suing on behalf of the general public shall recover statutory damages, based upon a violation of this chapter, if a previous claim brought on behalf of the general public by another person 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 the defendant is guilty of oppression, fraud, malice, retaliation or a conscious disregard for the public health, in the amount, as determined by the fact-finder, necessary to further the public purpose of this chapter.
(B) Any person may also bring a civil action to enforce this chapter by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.
(C) Notwithstanding any legal or equitable bar against a person seeking relief on its own behalf, a person may bring an action to enforce this chapter solely on behalf of the general public. When a person brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the person from bringing a subsequent action, based upon the same facts but seeking relief on his, her or its own behalf.
(D) Nothing in this chapter prohibits a person from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of that court.
(Ord. 1332, passed 11-2-11)