If a landlord does not commence an action when required under the provisions of this article to recover possession of the rental unit, the city attorney or sheriff of Los Angeles County may file an action to evict the tenant from the premises of the rental unit and name the landlord as a defendant in the action if it can be established that the landlord aided or acquiesced to the illegal activity or nuisance described in CMC 9.04.550. If the landlord has been named as a defendant in the action, the court may impose a civil penalty in an amount not to exceed $5,000 against the landlord for his or her failure to comply with this article. (Ord. 409 § 1. 2002 Code § 3-9.4).