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(a) Whoever violated Section 795.21 of the Municipal Code shall be guilty of a minor misdemeanor.
(b) No person or business entity shall be awarded a contract with the City of Toledo if that person or business entity has ever been convicted of a violation of Section 795.21.
(c) Private Right of Action.
(1) Notwithstanding the provisions of Section 795.20 through 795.23, any individual who becomes obligated on a loan may bring an action for damages and/or equitable relief in a court of competent jurisdiction against any lender who violated Section 795.21. Judgment shall be entered for actual damages, but in no case less than the amount of home equity the individual has lost as a result of the loan, as determined by the court, rescission of the loan, in accordance with the rescission provisions of the federal Truth in Lending Act, reasonable attorneys fees and court costs.
(2) Nothing in Section 795.21 limits the rights of the injured person to recover damages or seek equitable relief under any other applicable laws or legal theory.
(Ord. 291-02. Passed 11-5-02.)
(Effective date: February 3, 2003.)
The provisions of Sections 795.20 to 795.23 are severable, and if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal or state law or regulation, the validity of the remaining provisions of Sections 795.20 to 795.23 shall not be affected thereby. If any provision of Section 795.20 to 795.23 is declared inapplicable to any specific category, type, or kind of loan transaction, the provision shall nonetheless continue to apply with respect to all other loan transactions.
(Ord. 291-02. Passed 11-5-02.)
(Effective date: February 3, 2003.)
An Oversight Committee shall be established for the purpose of periodically reviewing the enforcement and effect of Sections 795.20 through 795.23. The Oversight Committee shall be appointed by the Mayor subject to confirmation by City Council within 30 days of the effective date of this ordinance. The Committee shall be composed of eleven members including one member of City Council, at least two representatives from housing advocacy organizations, at least two representatives from the home loan industry, and one representative from the City Administration. The Committee will meet from time to time to review the impact of this legislation and make recommendations to the Mayor and City Council.
(Ord. 291-02. Passed 11-5-02.)
(Effective date: February 3, 2003.)
(a) Whoever violated Section 795.11 (a) or (b) is guilty of a second degree misdemeanor.
(b) Whoever violated Section 795.11 (g), (h) or (m) is guilty of a minor misdemeanor for the first offense and for each subsequent offense for violation of the same subsection shall be guilty of a second degree misdemeanor.
(c) Whoever violated Section 795.11 (c), (e), (f), (i), (j), (k) or (l) is guilty of a minor misdemeanor.
(d) Any prosecution under this chapter shall be commenced, unless otherwise impracticable, by summons rather than by arrest.
(e) Section 795.11 creates duty of reasonable care in all debt collectors.
(f) Unless otherwise specifically provided, whoever violates any section of this chapter or any cease and desist order of the Chief Inspector is guilty of a misdemeanor of the first degree. Each day of violation of a cease and desist order of the Chief Inspector shall be a separate offense.
(g) Organizational penalties contained in Section 501.99 shall be applicable to all penalties imposed for a violation of this chapter.
(h) Judicial considerations contained in Section 501.16 shall be applicable to all penalties imposed for a violation of this chapter.
(1952 Code § 26-7-79, 26-7-90; Ord. 58-75)