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b. A fine of two hundred fifty dollars ($250.00) may be assessed for any of the <br />following violations of this Chapter: <br />i. Failure to post notice of the Minimum Wage rate <br />ii. Failure to provide notice of investigation to Employee <br />iii. Failure to maintain payroll records for four years <br />iv. Failure to allow the City access to payroll records <br />c. A fine equal to the total amount of appropriate remedies, pursuant to subsection E <br />of this section. Any and all money collected in this way that is the rightful property of an <br />Employee, such as back wages, interest, and civil penalty payments, shall be disbursed by the <br />City in a prompt manner. <br />2. Alternatively, the City may pursue administrative remedies in accordance with the <br />following procedures: <br />a. Whenever the City determines that a violation of any provision of this Chapter is <br />occurring or has occurred, the City may issue a written compliance order to the Employer <br />responsible for the violation. <br />b. A compliance order issued pursuant to this Chapter shall contain the following <br />information: <br />i. The date and location of the violation; <br />ii. A description of the violation; <br />iii. The actions required to correct the violation; <br />iv. The time period after which administrative penalties will begin to accrue if <br />compliance with the order has not been achieved; <br />v. Either a copy of this Chapter or an explanation of the consequences of <br />noncompliance with this Chapter and a description of the hearing procedure and appeal process; <br />vi. A warning that the compliance order shall become final unless a written <br />request for hearing before the City is received within seven calendar days of receipt of the <br />compliance order. <br />c. Following receipt of a timely request for a hearing, the City shall provide the <br />Employer responsible for the violation with a hearing. During the pendency of the hearing and <br />any subsequent appellate process, the City will not enforce any aspect of the compliance order. <br />3. The City may initiate a civil action for injunctive relief and damages and civil <br />penalties in a court of competent jurisdiction. <br />B. Any person aggrieved by a violation of this Chapter may bring a civil action in a court of <br />competent jurisdiction against the Employer or other person violating this Chapter and, upon <br />prevailing, shall be awarded reasonable attorneys' fees and costs and shall be entitled to such <br />legal or equitable relief as may be appropriate to remedy the violation including, without <br />limitation, the payment of any back wages unlawfully withheld, the payment of an additional <br />sum as a civil penalty in the amount of $25.00 to each Employee or person whose rights under <br />this Chapter were violated for each day that the violation occurred or continued, reinstatement in <br />employment and/or injunctive relief. Provided, however, that any person or entity enforcing this <br />Chapter on behalf of the public as provided for under applicable state law shall, upon prevailing, <br />be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable <br />attorneys' fees and costs. <br />C. This Section shall not be construed to limit an Employee's right to bring legal action for a <br />violation of any other laws concerning wages, hours, or other standards or rights nor shall <br />exhaustion of remedies under this Chapter be a prerequisite to the assertion of any right. <br />ORDINANCE NO. 2016-010 5 <br />