(A) An interested party (as defined in § 33.131) has a private right of action to enforce and prevent violation of a provision of this subchapter or an ordinance adopted by the city under this subchapter, and with respect to any building, structure or site within a historic district, and has the right to restrain, enjoin or enforce by restraining order or injunction, temporarily or permanently, any person from violating a provision of this subchapter or an ordinance adopted by the city under this subchapter.
(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 that 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 subchapter, or an ordinance adopted by the City Council pursuant to this subchapter, had been, or was about to be violated or breached.
(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 or superior court of the county in which the historic district lies and no change of venue from the county shall be allowed in the action.
(G) The remedy provided in this section is in addition to other remedies that may be available at law or in equity.
(Ord. 22-09, passed 7-11-2022)