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Unfair trade practices are hereby declared to be unlawful and prohibited. "Unfair trade practices" mean any act, omission or practice undertaken by a merchant which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of a consumer, or results in a gross disparity between the value received by a consumer and the price paid, in the consumer's detriment; provided that no act or practice shall be deemed unconscionable under this code unless declared unconscionable and described with reasonable particularity in a local law, or in a ruling promulgated by the Director of Safety. In promulgating such rulings the Director shall consider among other factors:
(a) Knowledge by merchants engaging in the act or practice of the inability of consumers to receive properly anticipated benefits from the goods or services involved;
(b) Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained by other consumers;
(c) Definitions of unconscionability in statutes, regulations, rulings, and decisions of legislative or judicial bodies in this State or elsewhere.
(Ord. 8824-2001. Passed 10-2-01.)
No agreement, whether oral or in writing, made within the City, may waive or disclaim the jurisdiction, provisions, rules or regulations of this Code. Any attempt to so waive or disclaim provisions of this Code is contrary to public policy, of no effect and is void.
(Ord. 8824-2001. Passed 10-2-01.)
Any person who in any manner hinders, obstructs, delays, resists, prevents or interferes with the Safety Director or his or her representative in the performance of his or her duty by refusing entrance at reasonable hours to any premises to which this Code applies and is suspect of violation, or refuses to permit inspection or examination of such premises for the purpose of enforcement of the provisions of this Code, shall be subject to such action as may be provided at law or by the provisions of this Code.
(Ord. 8824-2001. Passed 10-2-01.)
All legal action initiated by the Director of Safety to enforce this Code shall be brought by the Director of Safety upon written request by the Director of Safety. In addition to recovery of fines as provided by this Code, actions may be brought for injunctive relief in any court of competent jurisdiction to restrain a person from violating this Code and to restrain a merchant from engaging in unfair, deceptive, fraudulent, or unconscionable conduct with consumers. To establish a cause of action under this Code, it need not be shown that consumers are being or were actually damaged.
(Ord. 8824-2001. Passed 10-2-01.)
If the Director of Safety has reason to believe that a person has violated this Code, he may order such person, subject to this Code, to cease and desist from engaging in such violations or from engaging in unfair, deceptive, fraudulent or unconscionable conduct. If after the order is made, a written request for hearing is filed with the Director and no hearing is held within thirty days thereafter, the order is rescinded. Any determination or order made after a full hearing by the Director, and any order if no hearing is requested within thirty days shall lawfully be made the final order and thereafter subject to judicial review at law.
(Ord. 8824-2001. Passed 10-2-01.)
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