Sec. 8-2.05. Enforcement.
A.Notwithstanding Section 1-7, a violation of any provision of this Chapter or a failure to comply with any of the requirements of this Chapter shall not, under any circumstance, constitute a misdemeanor or infraction subject to the penalties prescribed in Section 1-7.
B.In addition to any other remedies or penalties available to the City, in law or equity, the City may enforce the terms of this Article through the administrative citation procedures provided in Division 1 (Administrative Citations) of Article 2 of Chapter 1--General Provisions of the Monterey City Code.
C.The City Attorney may bring a civil action to seek redress for any violation(s) under this Chapter on behalf of the City. In any such relief, the City shall recover all civil penalties prescribed in Division 1 (Administrative Citations) of Article 2 of Chapter 1--General Provisions of the Monterey City Code, and any other relief the court deems proper.
D.A landlord’s failure to comply with any of the requirements of this Chapter, including, but not limited to, the failure to register their rental unit(s) as required by Section 8-2.02 or to pay the rental inventory fees as required by Section 8-2.03, or any administrative regulations promulgated hereunder shall constitute a complete affirmative defense to an unlawful detainer or other action instituted by the landlord to recover possession of the rental unit from a tenant.
E.A tenant may enforce the provisions of this Chapter, or any administrative regulations promulgated hereunder, by means of a civil action. The burden of proof in such cases shall be a preponderance of the evidence. A landlord who violates any of the provisions of this Chapter shall be liable for civil damages for each provision of this Chapter that the landlord violates, and for each instance in which the landlord violates a provision of this Chapter. The court may also award a prevailing tenant reasonable attorneys’ fees and costs to the extent allowed by law, punitive damages, and any such other relief the court deems proper.
1.Notwithstanding the foregoing, a tenant shall be prohibited from bringing a civil action under this subsection (E) unless the tenant is able to demonstrate that, prior to filing the action, the tenant provided the landlord with at least thirty (30) days’ written notice of the tenant’s belief that the landlord is in violation of the provision(s) of this Chapter and/or the administrative regulations and of the landlord’s potential civil liability for failure to comply and that the landlord continued to fail to comply with said provision(s) for at least thirty (30) days after receipt of the tenant’s notice. (Ord. 3671 § 5, 2023)