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burden of proof in such cases shall be preponderance of the evidence. As part of any civil <br />action brought by the People of the State of California or City to enforce this Chapter, a <br />court shall assess a civil penalty in an amount up to the greater of two thousand five <br />hundred ($2,500.00) dollars per violation per day or ten thousand ($10,000.00) dollars <br />per violation, fifty (50%) percent payable to the City and fifty (50%) percent to the <br />person or persons whose rights were violated, against any person who commits, continues <br />to commit, operates, allows or maintains any violation of this Chapter. Any violator shall <br />be liable for an additional civil penalty of up to five thousand ($5,000.00) dollars for each <br />offense committed against a person who is a senior adult, has a disability, or is in a <br />household with one (1) or more minor children. <br />C.Landlord who has terminated a tenancy on grounds not permitted under applicable law <br />shall not impose Rent for the new tenancy that exceeds the Maximum Allowable Rent at <br />the time the prior tenancy was terminated. <br />D.Any Rental Unit or Property conducted or maintained contrary to this Chapter shall <br />constitute a public nuisance. <br />E.The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall <br />preclude any person from seeking any other remedies, penalties or procedures provided <br />by law. <br />4-46-170 Compliance with State law <br />Nothing in this Chapter is intended to excuse Landlord or Tenant’s compliance with applicable <br />provisions of State or Federal Law, including but not limited to notices regarding Rent increases. <br />4-46-175 Program Fee <br />A.All or any portion of the City’s reasonable costs to administer this Chapter may be collected <br />by the imposition of a program fee. The amount of the program fee shall be determined by <br />resolution of the City Council adopted from time to time. The program fee shall not exceed <br />the amount necessary to reimburse the City for the reasonable cost of administering the <br />residential rent stabilization program established by this Chapter. <br />B.Landlords shall pay the program fee to the City annually at the time of submission of the <br />registration required by Chapter 4-45. Any Landlord responsible for paying the program fee <br />who fails to pay the program fee within thirty (30) calendar days of its due date shall, in <br />addition to the program fee, pay additional late charges, penalties or assessments as <br />determined by Resolution of the City Council. If a Landlord fails to pay the required program <br />fee, or any accrued charges, penalties or assessments, the City may record such outstanding <br />amounts as a lien or special assessment on the real property for which the fees are <br />outstanding. Prior to recording any such lien or special assessment, the City shall comply <br />with the procedures in San Leandro Municipal Code section 1-12-600. <br />C.Up to fifty percent (50%) of the Program Fee may be allocated to a Tenant, to be paid by the <br />Tenant in two equal installments, paid six months apart. Such payments shall not be included <br />in the calculation of the Maximum Allowable Rent. <br />Exhibit A <br />Ordinance No. 2026-001 Page 13