1319.09 REMEDIES.

   (a)    Public's Remedies.

      (1)    The rights, obligations and remedies set forth in this chapter shall be cumulative and in addition to any others available at law or in equity.

      (2)    The City or any tenant or purchaser or owner of a unit may enforce compliance of any provision of this chapter in a court of competent jurisdiction, provided that only the City may enforce the provisions of subsection (b) hereof.

      (3)    In any action brought to enforce any provision of this chapter except subsection (b) hereof, a prevailing plaintiff shall be entitled to recover, in addition to any other remedy available, his reasonable attorney's fees.

      (4)    If a developer fails to comply with any of the provisions of this chapter, a purchaser may at his option at any time prior to the closing of the sale, rescind, in writing, the contract of sale, without any liability on the part of the purchaser and shall thereupon be entitled to the return of any moneys made on account of the contract, and any expenses incurred on account of the contract shall be the responsibility of the developer.

   (b)    City's Remedies. Whenever it is determined by the Law Director that there has been a violation of any of the provisions of this chapter, the Law Department is authorized, at its discretion, to commence with one or more of the following procedures:

      (1)    Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement.

      (2)    Seek a written assurance of discontinuance which shall be signed by the developer and the Law Director.

      (3)    Institute injunctive or other appropriate action or proceeding in any court of competent jurisdiction to obtain a restraining order, permanent or temporary injunction, or any other appropriate form of relief; and

      (4)    Institute criminal proceedings.

         (Ord. 81-33. Passed 3-17-81.)