A. The city may at any time institute civil proceedings for injunctive and monetary relief including civil penalties, against any person for violations of this chapter, without regard to whether the business license official has issued a notice of violation, instituted abatement proceedings, scheduled or held a hearing on a notice of violation, or issued a final decision.
B At any time, the business license official may refer a case for civil enforcement, but a referral is not required for the city to bring a civil action under subsection A.
C. Action For Injunction And Civil Penalty: Any person that violates any provision of this chapter shall be enjoined and shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought by the city in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following: the nature and seriousness of the misconduct giving rise to the violation, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth.
D. Attorneys' Fees: The prevailing party in any court case or special proceeding to enforce this chapter shall recover reasonable attorneys' fees if the city elects, at the initiation of the action, to seek recovery of attorneys' fees and provides notice of such intention to the adverse party or parties. In no court case or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city.
E. Remedies: Remedies under this chapter are non-exclusive and cumulative to all other remedies available at law or equity. (Ord. 2019-24, 9-10-2019)