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(a) If a Department alleged to have violated this Chapter 19B takes corrective measures in response to such allegation, the Department shall post a notice on the Department’s website that generally describes any corrective measure taken to address such allegation.
(b) Any alleged violation of this Chapter 19B for which the City received notice under subsection (c) and that is not corrected by the Department within 30 days of receipt of the notice, constitutes a legally cognizable basis for relief,,1
and any person affected thereby may institute proceedings for injunctive relief, declaratory relief, or writ of mandate to remedy the violation, in any court of competent jurisdiction to enforce this Chapter 19B. An action instituted under this subsection (b) shall be brought against the City.
(c) Prior to the initiation of any legal proceeding under subsection (b), the City must be given written notice of the alleged violation(s) and an opportunity to correct such alleged violation(s) within 30 days of receipt of the notice.
(d) If the alleged violation(s) is substantiated and subsequently corrected, a notice shall be posted in a conspicuous space on the City’s website that describes the corrective measure(s) taken to address the violation(s).
(e) A court shall award costs and reasonable attorney’s fees to a plaintiff who is a prevailing party in any action brought under subsection (b).
CODIFICATION NOTE
After notice and a public hearing, the City Administrator or the City Administrator’s designee is authorized to adopt or amend rules, regulations, operational standards and interpretative guidelines (“Implementing Standards”) that are not inconsistent with this Chapter 19B or its purposes and that will assist and guide departments in implementing this Chapter. An Implementing Standard adopted under this Section 19B.9 shall not become operative until 10 days after the notice of the adoption is posted on the City Administrator’s website. The Implementing Standard shall cease to be operative if an ordinance referring to the specific Implementing Standard and proposing to address the same subject matter as that Implementing Standard is introduced at the Board of Supervisors.
(Added by Ord. 286-19, File No. 190926, App. 12/20/2019, Eff. 1/20/2020)
(a) Each Department shall post each Surveillance Technology Policy for that Department that has been approved by the Board of Supervisors in accordance with this Chapter 19B, on the Department’s website within 10 days of the Board’s approval of the policy.
(b) There shall be an Appendix to this Chapter 19B, which shall contain a record of all Surveillance Technology Policies approved by the Board of Supervisors in accordance with this Chapter 19B. Upon approval by ordinance of a Surveillance Technology Policy, the City Attorney shall cause said policy to be identified in said Appendix.
(Added by Ord. 116-21, File No. 210559, App. 8/4/2021, Eff. 9/4/2021)