§ 11-199. Civil remedies and penalties

(a) In addition to any other remedy provided for herein, if the landlord fails to comply with the provisions hereof by filing a timely appeal of the notice of violation, or having failed to file an appeal or upon denial of an appeal, to file and diligently prosecute an eviction or unlawful detainer action against the offending tenant(s), the city prosecutor or city attorney may file and prosecute such action, in which the landlord and/or owner shall be joined as a defendant. Service of the summons and complaint upon the defendant offending tenant(s) and owner/landlord shall be made in accordance with Sections 415.10, 415.20, 415.30, 415.30, 415.40 and 415.50 of the Code of Civil Procedure. Costs, including costs of investigation, discovery and attorney's fees, may be awarded to the city in such action against both the offending tenant(s) and the landlord/owner who is joined as a defendant.

(b) The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City of Costa Mesa through civil remedies, including, but not limited to, a restraining order, preliminary or permanent injunction, or any other remedy at law or in equity for the abatement of such nuisance.

(c) A court rendering a judgment pursuant to this chapter may, in addition to any other remedies at law or in equity, impose a civil penalty in the maximum amount permitted by law, payable to the City of Costa Mesa, and require the payment of the city's attorney's fees, costs of investigation and discovery, and court costs.

(Ord. No. 02-6, § 1, 3-18-02; Ord. No. 05-10, § 1, 6-21-05 )