SEC. 5006. IMPLEMENTATION AND ENFORCEMENT.

   (a)   HRC is authorized to take appropriate steps to enforce and coordinate enforcement of this Article 50, including the investigation of possible violations of this Article.

   (b)   An Applicant or any other person may report to HRC any suspected violation of this Article 50. HRC shall encourage reporting pursuant to this subsection (b) by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the Applicant or person reporting the violation; provided, however, that HRC may disclose the name and identifying information of the Applicant or person as necessary to enforce this Article 50 or for other appropriate purposes.

   (c)   The Director shall establish rules governing the administrative process for determining and appealing violations of this Article 50. The rules shall include procedures for providing the College with the following:

      (1)   Notice that it may have violated this Article 50;

      (2)   A right to respond to the notice;

      (3)   Notice of the Director’s determination of a violation; and

      (4)   An opportunity to appeal the Director’s determination to a hearing officer, who is appointed by the Controller.

   (d)   If the College appeals the Director’s determination of a violation, the Director’s determination shall be considered prima facie evidence of a violation, and the College shall have the burden of proving, by a preponderance of the evidence, that the Director’s determination of a violation is incorrect. The hearing officer’s decision of the appeal shall constitute the City’s final decision.

   (e)   The Director may impose upon the College an administrative penalty of $250 for each Applicant as to whom a violation of Section 5004(a) or 5005 occurred, which shall be paid to the Applicant(s).

   (f)   The Director may impose upon the College an administrative penalty of $250 for each day a violation of Section 5004(b) or 5005 occurred or continued, which shall be deposited in the City’s general fund.

   (g)   The City Attorney may bring a civil action in a court of competent jurisdiction against a College for violating any requirement of this Article 50, and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including a civil penalty, and shall be awarded reasonable attorneys’ fees and costs.

   (h)   In any administrative or civil action brought under this Article 50, the Agency or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code.

   (i)   In the event the City brings a civil enforcement action for violation of this Article 50, any person or association by or with a direct interest in compliance with this Article may join in that enforcement action as a real party in interest. In the event the City does not institute a civil enforcement action for violation of this Article, a directly interested person or association, after receiving confirmation from the City Attorney that the City does not intend to institute a civil suit, may bring a civil proceeding on its own behalf and on behalf of the City against that College and seek all remedies available for violation of this Article available under state law, including but not limited to monetary, injunctive, and declaratory relief. Should actual damages incurred by such a violation be difficult to determine, liquidated damages may be awarded at the rate of $1,000 per day of violation, to be distributed equally between a private plaintiff, if any, and the general fund of the City, unless such liquidated damages award is found to be so excessive in relation to the violator’s resources as to constitute a penalty.

   (j)   A directly interested person or association may institute a civil action under subsection (i) only if:

      (1)   The directly interested person or association has filed a complaint with HRC;

      (2)   90 days have passed since the filing of the complaint;

      (3)   After such 90-day period, the directly interested person or association provides notice to the Director and the City Attorney of the intent to initiate civil proceedings; and

      (4)   The City Attorney has confirmed in writing that the City does not intend to initiate a civil suit.

   (k)   The Director shall have authority to adopt regulations or guidelines that implement the provisions of this Article 50.

   (l)   The remedies, penalties, and procedures provided under this Article 50 are cumulative of any other remedies, penalties, or procedures that may be available to address conduct that is violative of this Article.

(Added as Sec. 5005 by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated and amended by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)

(Former Sec. 5006 added by Ord. 308-18, File No. 181002, App. 12/21/2018, Eff. 1/21/2019, Oper. 8/1/2019; redesignated as Sec. 5007 and amended by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)