(A) In addition to any penalty provided for in this chapter, this city may institute any appropriate action or proceedings to enjoin, restrain, correct or abate any violation of this chapter, or to compel compliance with the provisions thereof, or to prohibit the conveyance of any lot in or parcel of any subdivision which is the subject of any violation of this chapter, or to recover either actual or exemplary damages, or both, for a violation of this chapter.
(B) If in any action or proceedings instituted as above set forth, the party or parties' defendant is or are found to have violated any provision of violation of this chapter as alleged in the complaint instituting such action or proceedings, then this city shall further be entitled to recover from that party or parties' defendant its attorneys fees, court costs and expenses of litigation reasonably incurred in connection with such actions or proceedings as additional damages in that action or proceedings. If for any reason the attorney's fees, court costs and expenses of litigation are not included in the court's judgment in such action or proceedings to be recovered by this city, then this city shall have the right to recover the same by separate action.
(C) The failure of this city to institute any action or proceedings as above set forth, or to seek a penalty for violation of this chapter, shall not, in any way, condone, authorize or permit any violation or this chapter.
(D) Any person, who would be considered a party in interest, without cost to this city, may institute any appropriate action or proceedings, either in his own name or on behalf of and as representative of a class action suits, to enjoin, restrain, correct or abate any violations of this chapter, or to compel compliance with the provisions thereof, or to prohibit the conveyance of any lot in or parcel of any subdivision which is the subject of a violation of this chapter, or to recover either actual or exemplary damages, or both, for a violation of this chapter.
(Ord. 567, passed 10-15-90)