Chapter 1.10 — CIVIL ACTIONS AND CIVIL REMEDIES

The purpose of this Chapter ["the Civil Protection of the People of Oakland Ordinance"] is to set forth the City Attorney's authority in accordance with City Charter Section 401(6) to conduct equitable enforcement through civil actions to protect the people of the City of Oakland ("City"). This Chapter will detail the City Attorney's ability to protect the health, safety, and general welfare of Oakland's residents and workforce, and to enforce the laws passed by the City Council. This Chapter describes the City Attorney's authority to bring civil actions and to: (1) secure compliance with the law through various forms of relief, including civil penalties and declaratory, injunctive, and other equitable relief; and (2) recover administrative, investigative, and other fees, costs, and damages to the City as a result of violations of the law.

In accord with the City's policy of initiating litigation only when there are not other safe, efficient, effective, and equitable means to address and resolve issues, this Chapter requires that any actions brought hereunder seek outcomes that are fair, equitable, and just.

(Ord. No. 13752, § 2(Exh. A), 7-1-2023)

A.

Authorities detailed in OMC Chapter 1.10 are consistent with California state law and with the City Attorney's authority under state law.

B.

In exercising the authorities detailed in OMC 1.10.020, the City Attorney shall seek outcomes that are fair, equitable, and just.

C.

The City Attorney may file a civil action to redress any public nuisance (including as defined under OMC Chapter 1.08) within the City of Oakland, unless otherwise prohibited by law.

D.

The City Attorney may file a civil action to redress any violation of and/or ensure compliance with any Oakland municipal law, including any city order, ordinance, or regulation, unless otherwise prohibited by law.

E.

The City Attorney may enforce any City, county, state, or federal ordinance, permit, rule, regulation, statute, constitution, or other law, when so authorized, or when so designated by the City official otherwise authorized for its enforcement, and may file a civil action to do so, unless otherwise prohibited by law.

F.

In any civil action authorized by OMC Chapter 1.10, the City Attorney may seek, and the court shall award, any or all of the following remedies, unless otherwise prohibited by law:

Civil penalties, not to exceed two thousand five hundred dollars ($2,500.00) for each violation for each day that the violation occurred or continued, or the monetary limit otherwise set by City Council for violations of City ordinances or a specific ordinance. The City Attorney shall consider in their request, and the court shall consider in determining the amount of civil penalties, at least the following circumstances, as relevant: the nature and seriousness of the misconduct; the number of violations; the persistence of the misconduct despite prior efforts by the City or other actors to secure compliance; the length of time over which the misconduct occurred; the willfulness of the misconduct; the potential deterrent effect; the assets, liabilities, and net worth of the defendant; whether the misconduct resulted from commercial activity or financially benefited the responsible party; and other factors that serve justice.

Recovery of any administrative, investigative, and other costs and damages incurred by the City as a result of such violation(s).

Recovery of the City Attorney's costs and attorney's fees in bringing the civil action:

a.

For any cause of action that is not based on public nuisance, as defined in state, City, or common law.

b.

For any cause of action that is based on public nuisance, as defined in state, City, or common law, the City Attorney may elect, at the initiation of that individual action or proceeding, to seek recovery of their own attorneys' fees for that cause of action. In such an action, the prevailing party shall have a right to recover attorney's fees. That award shall be made pursuant to California Government Code Section 38773.5(b), including that no award may be made to a prevailing party that exceeds the amount of reasonable attorney's fees incurred by the City in the action.

c.

Attorney's fees awarded under OMC Chapter 1.10 may be calculated according to the lodestar method. Where appropriate, a court of competent jurisdiction may award a lodestar multiplier based on the standards set forth in existing applicable law and jurisprudence.

Declaratory relief to the extent permitted by law.

Injunctive relief, including, but not limited to, temporary and/or permanent injunction(s), to enjoin or abate violations of the law and/or to prevent the use or employment by any person of any policy or practice which violates the law.

Equitable or further relief as the court may deem proper, including, but not limited to, abatement, restitution, disgorgement of profits, and/or the appointment of a receiver, as may be necessary to remedy or prevent violations of the law; to prevent or redress the use or employment by any person of any policy or practice which violates the law; or to restore money or property, real or personal, which may have been acquired through policies or practices that violate the law.

G.

The intent in establishing the remedies outlined in OMC 1.10.020(F) is to provide courts with great latitude in protecting the residents of Oakland and effecting complete justice.

H.

The City is not required to exhaust administrative remedies prior to the City Attorney initiating an action under OMC Chapter 1.10.

I.

The statute of limitations for commencing a civil action under OMC Chapter 1.10 shall be three (3) years, and all remedies under OMC Chapter 1.10 are available for the entire statutory period.

J.

OMC Chapter 1.10 should be construed liberally for the accomplishment of its purposes.

(Ord. No. 13752, § 2(Exh. A), 7-1-2023)

Authorities under OMC Chapter 1.10 are in addition to and do not supersede or limit any and all other authority of the City Attorney under City, county, state, or federal regulatory ordinance, permit, rule, regulation, statute, constitution, or other law. Remedies under OMC Chapter 1.10 are in addition to and do not supersede or limit any and all other remedies, whether civil, criminal, or administrative. The remedies provided for herein are cumulative and not exclusive of other remedies, including in actions by the City Administrator or their designee. The City Attorney shall have the discretion to select particular remedies to further the purposes and intent of OMC Chapter 1.10, depending on the particular circumstances. The City Attorney's decision to select particular remedies is not subject to appeal. Nothing in OMC Chapter 1.10 is intended to limit or void any rights, remedies, or authority of the City or any City official, employees, department, agency, investigator, consultant, contractor, or agent of the City provided by the City Charter or any other law, ordinance, or regulation.

(Ord. No. 13752, § 2(Exh. A), 7-1-2023)

The City Attorney is authorized to adopt any procedures, rules, and regulations, and issue determinations and interpretations, as are necessary to implement and are consistent with this Chapter. The City Attorney and City Administrator will develop procedures for coordination and implementation of this Chapter.

The City Attorney shall collect data on actions filed under the authority granted by OMC Chapter 1.10 and the results of such actions. The City Attorney shall consult with the Department of Race and Equity in implementing its data collection and analysis practices under OMC Chapter 1.10. The City Attorney shall provide this analysis to Council within three (3) years of the adoption of OMC Chapter 1.10.

(Ord. No. 13752, § 2(Exh. A), 7-1-2023)

The authority granted to the City Attorney under this Chapter neither augments nor amends the authority granted to the City Attorney under any other provision of the Oakland Municipal Code or the City Charter relating to any law over which the Public Ethics Commission has enforcement jurisdiction.

(Ord. No. 13752, § 2(Exh. A), 7-1-2023)