City Code Section
- Violations of this Chapter are subject to the following remedies:
- A. Any person injured by a material violation of this Chapter by a Private Entity has a cause of action against the Private Entity in any court of competent jurisdiction for damages sustained as a result of the violation or $1,000 per day for each day of violation, whichever is greater and such other remedies as may be appropriate.
- B. In an action brought to enforce this Chapter, a court may award to the plaintiff who prevails in such action, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees if the court finds that written demand for the payment of such claim was made on the defendant, and on the defendant’s insurer, if known to the plaintiff, not less than 30 days before the commencement of the action or the filing of a formal complaint. However, no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action or the filing of a formal complaint an amount not less than the damages awarded to the plaintiff, exclusive of any costs, interest, and prevailing party fees.