A. Affirmative defense. Each landlord that seeks to terminate a tenancy of an affected tenant must comply with the requirements of this Chapter. Non-compliance with any applicable provision of this Chapter shall constitute an affirmative defense against an unlawful detainer action under Cal. Code of Civil Procedure §§ 1161 and 1161.1, as amended. An affected tenant's failure to comply with applicable requirements and make timely payments, as set forth in this Chapter, shall not constitute an affirmative defense against an unlawful detainer action under Cal. Code of Civil Procedure §§ 1161 and 1161.1, as amended.
B. Administrative citations. The city's Enforcement Services Division is authorized to take appropriate steps to enforce this Chapter, including conducting investigations of possible violations by a landlord. The city, in its sole discretion, may choose to enforce the provisions of this Chapter through the administrative citation process set forth in Chapter 1.02 of the CCMC. Notwithstanding any provision in Chapter 1.02 to the contrary, each violation of any provision of this interim ordinance may be subject to an administrative fine of up to $1,000. Each separate day, or any portion thereof, during which any violation of such interim ordinance occurs or continues, constitutes a separate violation. the city's decision to pursue or not pursue enforcement of any kind shall not affect a tenant's rights to pursue civil remedies or assert an affirmative defense against an unlawful detainer action under Cal. Code of Civil Procedure §§ 1161 and 1161.1, as amended.
(Ord. No. 2023-003 § 9)