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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 /> (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 /> (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 /> Resolution No. 2026-006 <br /> Page 41 of 82 <br />