SEC. 161.903. PENALTIES FOR NONPAYMENT.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

(Amended by Ord. No. 181,744, Eff. 7/15/11.)

A late charge equal to two times the fee or cost and a collection fee equal to 50 percent of the original fee or cost shall be imposed if any fees or costs imposed by this Division are not paid within 30 days of service of notice of the imposition of the fee or cost or, if timely appealed pursuant to Division 10 of this Article, of any decision on the appeal. The City shall have the right to bring legal action in any court to enforce the order and collect the amount of the outstanding fees, late charges and costs. The Department may waive the penalty imposed pursuant to this Article if the Department determines that good cause exists for the owner’s failure to pay in a timely manner. The Department may make such rules and regulations as may be necessary to carry out the provision of this Section.

(Amended by Ord. No. 181,744, Eff. 7/15/11.)

An owner who fails to pay the original fee imposed pursuant to Section 161.352 of this Article shall be deemed delinquent. The owner shall pay a penalty fee equal to two times the original fee per subject rental unit for such a delinquency. The City shall have the right to bring a legal action in any court to enforce the order and collect the amount of the outstanding fees and penalties. The Department may waive the penalty imposed pursuant to this Article if the Department determines that good cause exists for the owner’s failure to pay in a timely manner. The Department may make such rules and regulations as may be necessary to carry out the provision of this Section.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

(Added by Ord. No. 173,011, Eff. 1/30/00.)

A tenant may withhold the payment of any rent otherwise lawfully due and owing if any fees imposed pursuant to this article are delinquent. Once the fees have been paid, the tenant becomes obligated to pay the current rent and any back rent withheld.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

The tenant may assert as an affirmative defense to any unlawful detainer action that the landlord has failed to pay required fees pursuant to this article.