Ordinance No. 19243 - Laserfiche WebLink

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~gzy3 ~Z} Except as provided in subsections ~~5} and ~6} of this section before filing a suit under subsection ~~} of this section, the cit attarne shall ~n wr~tin notif the y y . g , y person charged of the alleged unlawful business practice and the relief to be sought. Such notice shall be served in the manner set forth in section 4.9$33} of this code for the service of inves- tigative demands. The person charged thereupon shall have ~C days within which to execute and deliver to the city attorney an assurance of voluntar campliance. Such assurance shall se y . t forth what actions, if any, the person charged intends to take with respect to the alleged unlawful business rac- tice. The assurance of voluntar p y compliance shall not be considered an ad- mission of a violation for any purpose. If the city attorney is satisfied with the assurance of voluntary compliance, it may be submitted to the Municipal Court for approval and if approved shall thereafter be filed with the clerk of the court and the city manager. ~3} The city attorney may reject as unsatisfactory any assurance: ~a} Which does not contain a promise to make restitu- Lion in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful business practice; or .. b} Which does not contai n~ any provision, including -~ but not limited to the keeping of records, which the city attorney reasonably believes to be necessary to insure the continued cessa- tian of the alleged unlawful business practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section, ~4} violation of any of the terms of an assurance of voluntary campliance which has been approved and filed with the court shall constitute a contempt of court. . .~5} ,The city attorney need not serve notice pursuant to subsea tion ~2} of this section before filing a suit if, within two years rior to the f i l i n of such sui t the ers p . 9 p an charged with the unfair business prac- t~ce submitted to the city attorney an assurance of voluntary compliance which was accepted by and filed with the Municipal Court. The cit attarne Y y shall in such case serve notice on the defendant in the manner set forth in section 4.9843} of this code for the service of investigative demands, on the ~Cth or earlier day previous to the filing of suit, ~5} ~f the city attorney alleges that ~s}he has reason to believe that the delay caused by complying with the provisions of subsection 2 or . ~} ~5} of this section would cause immediate harm to the public health safet or welfare, the cit attarne ma imme ' ~ y Y y y d~ately institute a suit under subsea ti on ~ 1 } of this secti an . ~7} A temporary restraining order may be granted without rior p notice to the person if the Municipal Court finds there is a threat of im- mediate harm to the public health, safety ar welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 1D days, as the court fixes, unless within the time sa fixed the order, for good cause shown, is extended fora like period or unless the person restrained consents that it may be extended for a longer period. ~8} If the defendant prevails in such suit and the court finds that the defendant has in good faith submitted to the city attorney a satis- factory assurance of voluntary campliance prior to the institution of the suit or that the city attorney, in a suit brought under subsections 5 and . ~} ~5} of this section, did not have reasonable grounds to roceed under those p subsections, the court. shall award reasonable attorney fees at trial and on Ordinance ~- 5