(A) An interested party, as defined in § 156.02 of this chapter, has a private right-of-action to enforce and prevent violations of this chapter or an ordinance adopted by the city under this chapter with respect to any building, structure or site within an historic district, and has the right to restrain, enjoin or enforce by restraining order or injunction, whether temporarily or permanently, any person from violating this chapter or an ordinance adopted under this chapter.
(B) The interested party does not have to allege or prove irreparable harm or injury to any person or property to obtain relief under this section.
(C) The interested party bringing an action under this section does not have to post a bond unless the court, after a hearing, determines that a bond should be required in the interest of justice.
(D) The interested party who brings an action under this section is not liable to any person for damages resulting from bringing or prosecuting the action unless the action was brought without good faith or without a reasonable belief that a provision of this chapter or an ordinance adopted by the Common Council pursuant to this chapter had been, or was about to be, violated.
(E) An interested party who obtains a favorable judgment in an action under this section may recover reasonable attorney fees and court costs from the person against whom judgment was rendered.
(F) An action arising under this section must be brought in the Circuit Court or Superior Court of the county in which the historic district lies, and no change of venue from said county shall be allowed in the action.
(G) The remedy provided in this section is in addition to other remedies which may be available at law or in equity.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99