(1) Civil Liability. Any tenant, or any other person or entity acting on behalf of the tenant who will fairly and adequately represent the tenant’s interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys’ fees and costs to a landlord who prevails in any such action if the court determines that the tenant’s action was frivolous.

(2) Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this chapter, may be liable for a civil penalty not to exceed $1,000 for each violation.

(3) Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both.

(4) Defense to Eviction. A tenant may assert as an affirmative defense a landlord’s failure to comply with the provisions of this chapter in any action by a landlord to recover possession of a rental unit.

(5) Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

(6) The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penalties provided by applicable law. (Ord. 737 § 2 (Exh. A), 2023).