§ 8A-392. Civil penalties.

(a)

The Director may institute a civil action in a court of competent jurisdiction to impose or recover a civil penalty in an amount of not more than ten thousand dollars ($10,000.00) for each violation of any of the provisions of this article. Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder.

(b)

The Director may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief as follows:

(1)

To recover any sums and costs expended by the Director for investigating, preventing, controlling, abating or remedying any violation of any of the provisions of this article or of the regulations.

(2)

To provide restitution to any Owner and/or Resident injured by any violation of any of the provisions of this article or of the regulations.

(3)

Upon the rendition of judgment or decree by any of the courts of this state against any person or in favor of the Director under any of the provisions of this article, the trial court or in the event of an appeal, the appellate court, shall adjudge against any such person and in favor of the Director a reasonable sum as fees or compensation for the Director and attorney prosecuting the suit in which recovery is had.

(4)

To seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this article or of the regulations.

(Ord. No. 96-137, §§ 1, 2, 9-17-96)