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(3) Exemplary damages, where it is proven by clear and convincing evidence <br />that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public <br />health. <br />(b) The Private Enforcer may also bring a civil action to enforce this Chapter byway <br />of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a <br />conditional judgment or an injunction. <br />(c) Notwithstanding any legal or equitable bar against a Private Enforcer seeking <br />relief on its own behalf, a Private Enforcer may bring an action to enforce this Chapter solely on <br />behalf of the general public. When a Private Enforcer brings an action solely on behalf of the <br />general public, nothing about such an action shall act to preclude or bar the Private Enforcer <br />from bringing a subsequent action based upon the same facts but seeking relief on its own behalf. <br />(d) Nothing in this Chapter shall prohibit the Private Enforcer from bringing a civil <br />action in small claims court to enforce this Chapter, so long as the amount in demand and the <br />type of relief sought are within the jurisdictional requirements of small claims court as set forth <br />in California Code of Civil Procedure Section 116.220. <br />SECTION II. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person <br />or circumstance. The City Council of the City of San Leandro hereby declares that it would have <br />adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, <br />irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION III. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall <br />take effect thirty (30) days after adoption. The title thereof shall be published once and a <br />complete copy thereof shall be posted on the City Council Chamber bulletin board for five (5) <br />days prior to adoption. <br />Introduced by Councilmember <br />2009, passed to print by the following called vote: <br />Members of the Council: <br />AYES: <br />NOES: <br />ABSENT: <br />ATTEST: <br />Marian Handa, City Clerk <br />9 <br />on this day of <br />