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Ordinance No. NS - ____ <br />Page 41 of 44 <br />Section 8-3200 – Violations <br /> <br /> (a) It shall be unlawful for any person to violate or fail to comply with any <br />provision of this Article. The violation of any provision of this Article shall first be <br />punished through the use of an administrative citation, as provided in Santa Ana <br />Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or <br />infraction, as provided in Santa Ana Municipal Code section 1-8. <br /> <br /> (b) Civil Action. Any aggrieved person, including the City and the People of <br />the State of California, may bring a civil action for damages for any violation of this <br />Article or the rules, regulations, orders and decisions of the Rental Housing Board. The <br />burden of proof in such cases shall be by a preponderance of the evidence. No <br />administrative remedy need be exhausted prior to filing a civil suit pursuant to this <br />section. <br /> <br /> (c) Injunctive Relief. Any person who commits an act, proposes to commit an <br />act, or engages in any pattern and practice that violates this Division, or the policies, <br />procedures, regulations, rules, orders and decisions of the Rental Housing Board, may <br />be enjoined therefrom by any court of competent jurisdiction. An action for injunction <br />under this section may be brought by any aggrieved person, including the City and <br />People of the State of California. No administrative remedy need be exhausted pri or to <br />filing an action for injunctive relief pursuant to this section. <br /> <br /> (d) Affirmative Defense. A Landlord’s failure to comply with any requirement <br />of this Article may be asserted as a complete affirmative defense in an unlawful detainer <br />or any other action brought by the Landlord to recover possession of the Rental Unit. <br />Additionally, any attempt to recover possession of a Rental Unit in violation of this <br />Article shall render the Landlord liable to the Tenant for damages in a civil action for <br />wrongful eviction. The prevailing party in an action for wrongful eviction shall recover <br />costs and reasonable attorneys’ fees. <br /> <br /> (e) Public Nuisance. In addition to other penalties provided by law, any <br />condition caused or permitted to exist in violation of any provision of this Article shall be <br />deemed a public nuisance and may be summarily abated as such by the City, and each <br />day such condition continues shall constitute a new and separate offense. <br /> <br /> (f) Non-Exclusive. The remedies provided in this Article are not exclusive, <br />and nothing in this Article shall preclude any person from seeking any other remedies, <br />penalties or procedures provided by law, nor is exhaustion of remedies under this <br />section a prerequisite to the assertion of any other such right. <br /> <br /> <br /> Section 4. The City Council finds and determines that this Ordinance is not <br />subject to the California Environmental Quality Act (CEQA) pursuant to sections <br />15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, as there is <br />EXHIBIT 1