85B - ORD JUST CAUSE EVICTION - Laserfiche WebLink

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(i) Landlord Compliance with this Ordinance. In any action brought to recover possession of a Rental Unit subject to this Ordinance, the Landlord shall allege compliance with this Ordinance. 0) Failure to Comply. A Landlord's failure to comply with any requirement of this section, including without limitation, the failure to serve any of the required notices, is a complete and affirmative defense in an unlawful detainer or other action brought by the Landlord to recover possession of the Rental Unit. :9ReY[1RE111DWI TO111yDid IDWI rW Olo)a1Ila) :7V The City, at its sole discretion, may choose to enforce the provisions of this Ordinance through administrative fines and any other administrative procedures as set forth in Chapter 1, Section 1- 21 et seq., of the Santa Ana Municipal Code and Charter. The City's decision to pursue or decline enforcement of any kind regarding a violation of this Ordinance, shall not affect a Tenant's rights to pursue civil remedies associated with enforcing the Sections of this Ordinance. SECTION 7 CIVIL REMEDIES A Tenant may bring a civil suit in the courts of the State of California alleging that a Landlord has violated any of the provisions of this Ordinance or any regulations promulgated hereunder including that the Landlord has demanded, accepted, received, retained a payment or payments in excess of the lawful Rent, failed to maintain a Rental Unit in compliance with applicable health and safety and building codes, including but not limited to, California Civil Code section 1941.1 et seq., and California Health and Safety Code sections 17920.3 and 17920. 10, or decreased Housing Services. In a civil suit, a Landlord found to violate this Ordinance shall be liable to the Tenant for all actual damages, including but not limited to, the damages described in this Section. A prevailing Tenant in a civil action brought to enforce this Ordinance shall be awarded reasonable attorneys' fees and costs. Additionally, upon a showing that the Landlord has acted willfully or with oppression, fraud, or malice, the Tenant shall be awarded treble (triple) damages. No administrative remedy need be exhausted before filing suit pursuant to this Section. SECTION 8 SEVERABILITY If any section, subsection, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. SECTION 9 CONFLICTING CHARTER PROVISIONS To the extent that any of the provisions of this Ordinance conflict with other provisions of the Santa Ana City Municipal Code and Charter, the provisions of this Ordinance 17 85B-17