6.50.200 Penalties and remedies.
In addition to those penalties and remedies set forth elsewhere in this chapter, and that may be available under other applicable law or regulations, the following remedies shall apply:
A. Liability for Unlawfully Retained Funds. Any owner who demands, accepts, receives, or retains any money as rent from a tenant to which the owner is not entitled under the provisions of this chapter shall be liable to the tenant for any actual damages, attorney’s fees, and costs incurred by the tenant as a consequence thereof plus a penalty in the sum of three times the amount of money the owner accepted, received, or retained in violation of the provisions of this chapter or five hundred dollars, whichever is greater.
B. Affirmative Defense. A park owner’s failure to comply with the requirements of this chapter shall be an affirmative defense to an owner action to recover possession of a mobilehome space of an affected tenant.
C. City Authority To Enforce This Chapter.
1. The city shall have the right and authority, but not the duty, to enforce the requirements of this chapter by bringing actions for injunctive relief on behalf of the city or affected tenants to which this chapter applies, and by seeking compliance by park owners with the requirements of this chapter through administrative remedies or by citation.
2. The city in its sole discretion may choose to enforce the provisions of this chapter through administrative fines and any other remedies provided in Chapters 1.10 through 1.16. The city’s decision to pursue or not pursue enforcement of any kind shall not affect the rights of affected tenants to whom this chapter applies to pursue civil remedies for violations of this chapter.
D. No Cause of Action Against the City. To the maximum extent permitted by law, nothing in this chapter may be construed to create a cause of action against the city, or a basis for seeking an award of attorney’s fees against the city pursuant to the private attorney general’s statute in California Code of Civil Procedure Section 1021.5, or on any other basis arising from or related to an alleged violation of the requirements of this chapter, and/or based on or related to the city’s prosecution or enforcement or alleged failure to prosecute or enforce any such alleged violation, and/or based on or related to the city’s implementation or alleged failure to implement the requirements of this chapter.
E. Remedies provided by this section are in addition to any other legal or equitable remedies and are not intended to be exclusive.
(Ord. 2857 NCS §3 (Exh. A), 2023; Ord. 1949 NCS §1 (part), 1994. Formerly 6.50.190.)