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(a) Whenever an owner (i) fails to give the notice of intent to prepay and/or terminate as provided in this Chapter; (ii) fails to comply with the provisions of this Chapter concerning purchase by a qualified entity; (iii) attempts to convert or converts subsidized rental units in violation of this Chapter; or (iv) otherwise fails to comply with the provisions of this Chapter, the City, any tenant household of the affected development, any affected qualified entity, or the tenant association of the development may institute a civil proceeding for injunctive relief to restrain the owner from such violation and/or money damages, or for any other remedy available at law or in equity.
(b) Upon proof that the owner has willfully or in bad faith violated any provision of this Chapter, any affected tenant household shall receive a judgment of treble the tenant household's actual damages.
(c) In any action in which the City is a party, which action is brought to enforce the provisions of this chapter, upon proof that the owner willfully or in bad faith converted a subsidized rental unit, such owner shall be required to pay to the City a sum at least equal to the cost of constructing or acquiring a replacement unit for each subsidized rental unit unlawfully converted, including, for construction, the per-unit cost of land acquisition. Any money received under this Section 60.11(c) shall be used for the development or preservation of housing units affordable to and to be occupied by very low and low income households.
(d) The prevailing party in any civil action brought under this Section 60.11 shall be entitled to recover reasonable attorney's fees and costs. Reasonable fees of attorneys of the City's Office of City Attorney shall be based on the fees regularly charged by private attorneys with an equivalent number of years of professional experience in the subject matter areas of the law for which the City Attorney's services were rendered and who practice in the City in law firms with approximately the same number of attorneys as employed by the Office of City Attorney.
(Added by Ord. 332-90, App. 10/3/90)
(a) Any owner who negligently or intentionally violates any provision of this Chapter shall be liable for a civil penalty not to exceed $5,000 for each separate violation. Such violations shall include, but are not limited to, the making of a false statement or representation in any notice or other document required by this Chapter.
(b) Any interested person may petition the Director of Housing to investigate an alleged violation of this Chapter. Upon receipt of such petition, or upon his or her own motion, the Director of Housing shall give the owner 21 days' written notice by United States Mail, first class, certified, return receipt requested, of the date, time and location of a hearing before the Director of Housing, and the nature of the alleged violation. The Director of Housing shall hear the evidence and shall determine whether any violation was negligent or intentional. The Director of Housing shall issue a written decision with findings in support of the decision that state the nature of any violations and any appropriate penalties.
(c) The owner or any other party to the hearing may appeal the decision of the Director of Housing to the Housing Preservation Appeals Board ("Appeals Board") by filing with the Appeals Board a written notice of appeal within 30 days of the date of the decision by the Director of Housing. The notice of appeal shall state the grounds for objection to the decision of the Director of Housing.
(d) The Appeals Board shall hold a public hearing on the appeal within 45 days of the filing of the notice of appeal and shall decide whether to reverse or affirm the decision of the Director of Housing within 15 days of the hearing. The Appeals Board shall give the owner and any person requesting notice at least 14 days' notice of the date, time and location of the hearing.
(e) The Appeals Board shall adopt written findings in support of its decision.
(f) The decision of the Appeals Board shall be a final order reviewable by any court of competent jurisdiction.
(g) The Appeals Board shall adopt rules governing conduct of its hearings. Such rules shall provide that parties shall have the right to be present, to be represented by counsel, to present evidence and to cross-examine witnesses.
(h) The Appeals Board shall have three members appointed by the Mayor.
(Added by Ord. 332-90, App. 10/3/90)
If any provision or clause of this Chapter, or the application thereof to any person or circumstance, is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions. Clauses of this Chapter are declared to be severable.
(Added by Ord. 332-90, App. 10/3/90)