§ 19B.8. ENFORCEMENT.

(a) If a Department alleged to have violated this Chapter 19B takes corrective measures in response to such allegation, the Department shall post a notice on the Department’s website that generally describes any corrective measure taken to address such allegation.

(b) Any alleged violation of this Chapter 19B for which the City received notice under subsection (c) and that is not corrected by the Department within 30 days of receipt of the notice, constitutes a legally cognizable basis for relief,,1 and any person affected thereby may institute proceedings for injunctive relief, declaratory relief, or writ of mandate to remedy the violation, in any court of competent jurisdiction to enforce this Chapter 19B. An action instituted under this subsection (b) shall be brought against the City.

(c) Prior to the initiation of any legal proceeding under subsection (b), the City must be given written notice of the alleged violation(s) and an opportunity to correct such alleged violation(s) within 30 days of receipt of the notice.

(d) If the alleged violation(s) is substantiated and subsequently corrected, a notice shall be posted in a conspicuous space on the City’s website that describes the corrective measure(s) taken to address the violation(s).

(e) A court shall award costs and reasonable attorney’s fees to a plaintiff who is a prevailing party in any action brought under subsection (b).

(Added by Ord. , File No. 190110, App. 5/31/2019, Eff. 7/1/2019; Ord. , File No. 190568, App. 6/14/2019, Eff. 7/15/2019; amended by Ord. , File No. 190926, App. 12/20/2019, Eff. 1/20/2020)

CODIFICATION NOTE

1. So in Ord. .