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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request for hearing is filed with the Director and no hearing is held within thirty days thereafter, the order is rescinded.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.)
In lieu of instituting or continuing an action pursuant to this Code, the Director of Safety may accept written assurance of discontinuance of any act or practice in violation of this Code from the person or persons who have engaged in such acts or practices. Such assurance may include stipulation for payment by the violator for fines due, and may also include a stipulation for the restitution by the violator to the consumers of money, property or other things received from them in connection with a violation of this Code, including money, property or other things received from them in connection with a violation of this Code, including money necessarily expended in the course of making and pursuing a complaint to the Director of Safety. All settlements shall be made a matter of public record.
(Ord. 8824-2001. Passed 10-2-01.)
No person shall violate or participate in the violation of any of the provisions of this Code or rules and regulations promulgated pursuant thereto.
(a) Whoever violates any of the provisions of this Code shall be guilty of a misdemeanor of the third degree, punishable under Chapter 501 of the Codified Ordinances.
(b) In addition to the above penalties, any person who violates any of the provisions of this Code shall be subject to an order of a court of competent jurisdiction when appropriate in granting equitable relief to insure justice with regard to the transaction which is the subject of the violation of this Code.
(Ord. 8824-2001. Passed 10-2-01.)