A. City Clerk. The City Clerk may monitor all campaign forms and statements filed by any person and shall notify the person pursuant to this Chapter of any of the following apparent violations:
1. The non-filing or late filing of any required forms or statements under this Chapter.
2. A statement that does not conform on its face with the requirements of this Chapter.
3. Any reported contributions that exceed the allowable maximums established by this Chapter.
B. City Attorney. The City Attorney may commence an investigation regarding an alleged violation of this Chapter. If the City Attorney determines that such investigation warrants further action, the City Attorney may utilize administrative remedies pursuant to Chapter 1.02 of this Code, file a civil action for injunctive or other relief, or file a criminal action. Further, the City Attorney may appoint a special prosecutor who may perform further investigation and/or pursue any or all of these remedies; or, if permitted under state law, refer the matter to the Fair Political Practices Commission, to further pursue enforcement of §§ 3.06.015 through 3.06.035.
C. Citizen Complaint. Upon receipt of a written complaint from a resident of Culver City, which shall include a statement of the grounds for the belief that a violation of this Chapter has occurred, the City Attorney shall review the complaint and determine whether it requires further action. The City Attorney's written determination shall be made within fifteen (15) calendar days after receipt of the written complaint. If the City Attorney determines that such complaint or investigation warrants further action, the City Attorney may utilize administrative remedies pursuant to Chapter 1.02 of this Code, file a civil action for injunctive or other relief, or file a criminal action. Further the City Attorney may appoint a special prosecutor who may perform further investigation and/or pursue any or all of these remedies; or, if permitted under state law, refer the matter to the Fair Political Practices Commission, to further pursue enforcement of §§ 3.06.015 through 3.06.035. Further, the City Attorney may send notice to the person accused, with copies available to the public, of any other allegation(s) of violation, or take any other action available under law.
D. Special Prosecutor. The City Attorney, after consultation with the City Manager, shall have the authority to withdraw the appointment of a special prosecutor at any time when he or she determines doing so is in the best interest of the City.
E. Injunctive Relief. If a resident of Culver City files a complaint with the City Attorney and receives a written determination by the City Attorney indicating that no further action shall be taken, such resident may sue for injunctive relief to enjoin violations or to compel compliance with this Chapter; provided that, any request for temporary or preliminary relief may be obtained only upon a showing by a preponderance of evidence that a violation or non-compliance occurred.
F. Statute of Limitations. An action for violation of this Chapter must be commenced within two (2) years of the time the alleged violation occurred.
G. Attorney's Fees. In a civil action, the court may award to the prevailing party the cost of litigation, including reasonable attorney's fees, if the City establishes an agreement with the Fair Political Practices Commission, attorney's fees shall be allocated as determined by such agreement.
H. Referral to Fair Political Practices Commission. The City Attorney may refer to the Fair Political Practices Commission any complaint alleging, or providing evidence of, a violation of this Chapter and/or a violation of the Political Reform Act or, after consultation with the City Manager, may terminate any agreement made with the Fair Political Practices Commission at any time when he or she determines doing so is in the best interest of the City.
('65 Code, § 2-124) (Ord. No. 89-035 § 1; Ord. No. 2015-006 § 1 (part))