Ordinance No. 19338 - Laserfiche WebLink

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~2} Prior to the time required tv answer an investigative demand, or within ZD days after the demand's service, whichever period is shatter, a petition to extend the return date, or to modify or set aside the demand may be filed in the Municipal Court. ~3} Service of any investigative demand under subsections ~~} and ~Z} of this section shall be made in accordance with the laws of the State of Oregon governing service of summons in an action, ar as otherwise directed by the municipal court, ~4} ~f any persan after being served with an investigative demand under this section fails or refuses to obey the investigative demand, the city may, after native, apply to the Municipal Court and, after hearing, request an order: ~a} Granting injunctive relief to restrain the person from engaging in any aspect of the business or activity that involved the alleged violation; fib} Granting such other relief as may be required, until the persan obeys the investigative demand. ~5} Any disobedience of any order of the Municipal Court under this section shall be punished as contempt of court. 3.83D Uniform Business Practices - injunctive Relief. ~~} 4~hen the city attorney has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in any activity i n violation of the uni farm business practices set out i n this chapter, the city attorney may bring suit in the name of the city in the Municipal Court to restrain the person from engaging in the alleged unlawful business practice. ~2} Except as provided in subsections (5} and ~~} of this section, before filing a suit under subsection ~1} of this section, the city attorney shal l not? fy the person charged i n writing of the alleged violation and the relief to be sought. Such notice shall be served in the manner set forth in section 3.825 of this chapter for the service of investigative demands. The person charged shall have 1D days to execute and deliver to the city attor- ney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged violation. The assurance of voluntary compliance shall not be con- sidered an admission of a violation for any purpose. ~f the city attorney is satisfied with the assurance of voluntary compliance, it may be submit- ted to the Municipal Court for approval and if approved shall be filed with the clerk of the court and the city manager. ~3} The city attorney may reject any assurance: ~a} Which does not contain a promise to make restitu- tion in specific amounts or through arbitration to persons who suffered any ascertainable loss of money or property as a result of the alleged violation; or fib} Which does not contain any provision, including but not 1 i mi ted to the keeping of records, which the city attorney reasonably believes to be necessary to insure the continued cessa- ti on of the al 1 eged violation . ~4} violation of any of the terms of an assurance of voluntary compliance which has been approved and filed with the court shall constitute a contempt of court. Ordinance - ~