Part 5 — ENFORCEMENT

A.

This Part 5 shall become operative six months from the effective date of Chapter 5.10. Notwithstanding the suspension of this Part 5, the Director may issue written warnings for violations of Chapter 5.10.

B.

Notwithstanding subsection B. below, a civil action may be brought by the City Attorney and a court may assess a civil penalty in an amount up to $10,000 per violation, payable to the City, against any Landlord who repeatedly violates this Chapter. The City Attorney may seek injunctive relief to restrain or enjoin any violation of this Chapter.

C.

The Director may enforce any violation of this Chapter, including the issuance of an administrative citation in accordance with Chapter 1.15 of the San José Municipal Code.

First time violations of this Chapter shall result in a written warning prior to issuing a citation.

For subsequent violations following the first violation, the Director may issue an administrative citation in accordance with Chapter 1.15 of the San José Municipal Code, with escalating fines for each subsequent violation, in an amount adopted by Resolution.

D.

An aggrieved person may file a civil action in a court of competent jurisdiction for any violations of this Chapter, provided that prior to the filing of any such action the aggrieved person notifies the Department of Housing of the alleged violation and the Director determines that there is no ability to cure the alleged violation.

E.

Reserved.

(Ord. 30304)