Cudahy Municipal Code Art. III Administration and Enforcement

(1) Enforcement Authority. The department is authorized to take appropriate steps it deems necessary to administer and enforce this chapter.

(2) The director of the department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this chapter.

(3) The department may collect data regarding residential evictions in the city, in an effort to help the city better understand rental housing and its impacts on renters and housing providers, and inform the need to develop and implement additional ordinances or policies regarding residential housing. (Ord. 737 § 2 (Exh. A), 2023).

(1) Administrative Citation. Any landlord or tenant who violates any provision of this chapter, or the department’s procedures and guidelines, is subject to an administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.40 CMC.

(2) Remedies Are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this chapter shall not be construed as limiting any party’s right to obtain relief to which he or she may be entitled at law or in equity.

(3) Notices of Violation and Administrative Fine. If the department determines that a landlord or tenant has violated this chapter, the department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.40 CMC.

(4) Administrative Appeals and Judicial Review.

(a) Administrative Appeal. Any landlord or tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.40 CMC.

(b) Judicial Review of Hearing Officer Decision. Any landlord or tenant may seek judicial review of a hearing officer’s decision pertaining to the imposition of an administrative fine in accordance with Chapter 1.40 CMC. (Ord. 737 § 2 (Exh. A), 2023).

(1) Civil Liability. Any tenant, or any other person or entity acting on behalf of the tenant who will fairly and adequately represent the tenant’s interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys’ fees and costs to a landlord who prevails in any such action if the court determines that the tenant’s action was frivolous.

(2) Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this chapter, may be liable for a civil penalty not to exceed $1,000 for each violation.

(3) Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both.

(4) Defense to Eviction. A tenant may assert as an affirmative defense a landlord’s failure to comply with the provisions of this chapter in any action by a landlord to recover possession of a rental unit.

(5) Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

(6) The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penalties provided by applicable law. (Ord. 737 § 2 (Exh. A), 2023).

Any waiver of rights under this chapter shall be void as contrary to public policy. (Ord. 737 § 2 (Exh. A), 2023).

If any provision of this chapter or the application thereof to any person, property, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this chapter are declared to be severable. (Ord. 737 § 2 (Exh. A), 2023).