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<br /> Article 4 Enforcement <br />4-35-400 Program Fee. <br /> Landlords shall pay an annual program fee for each residential property occupied by a <br />tenant to cover the costs to administer this Chapter. The program fee shall be established from time to time by resolution of the City Council and shall be included within the City’s Master Fee Schedule. The fee shall be calculated so as to recover the cost of administration of this Chapter, <br />including, for example, providing educational materials, staff time and legal advice provided to <br />staff, but shall not exceed the cost of the program authorized by this Chapter. All fees and <br />interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Residential properties with affordability covenants (e.g. tax credits or HUD-financed) are not required to pay the program fee. <br /> <br />4-35-405 Landlord’s failure to comply. <br /> A landlord’s failure to comply with any requirement of this Article may be asserted as an affirmative defense in an action brought by the landlord to recover possession of the residential property. Additionally, any attempt to recover possession of a residential property in violation of <br />this Chapter shall render the landlord liable to the tenant for actual and punitive damages, <br />including damages for emotional distress, in a civil action for wrongful eviction. The tenant may <br />seek injunctive relief and money damages for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees. <br />Article 5. Miscellaneous <br />4-35-500 Annual Review. <br /> The Community Development Director shall annually prepare a report to the City Council assessing the effectiveness of the relocation assistance program established under this Chapter and recommending changes as may be appropriate. <br /> <br /> <br />2680033.2