Laserfiche WebLink
Board's decision. The Board decision shall take effect immediately unless provided <br />otherwise in the decision, regardless of whether a party seeks judicial review. <br />Secs. 8-3186- 8-3199. Reserved. <br />DIVISION 6. — ENFORCEMENT AND REMEDIES <br />Section 8-3200 — Violations <br />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 />(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 />{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 prior to <br />filing an action for injunctive relief pursuant to this. section. <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 />(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 />(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 />39 <br />