§ 43-39. Additional legal remedies.

(a)

The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to file an action in a court of competent jurisdiction to:

(1)

Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of any permit issued under this chapter;

(2)

Enjoin the violation or threatened violation of the provisions of this chapter or of applicable state laws, rules or regulations regarding pool safety, to the extent permitted by law;

(3)

Recover civil penalties for violation of the terms, conditions and restrictions of any permit authorized under this chapter; or

(4)

Recover damages from the owner of property on which a violation has occurred in an amount adequate for the city to undertake any construction or other activity necessary to bring about compliance with this chapter.

(b)

The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to enter into agreements in lieu of litigation to achieve compliance with the terms, conditions and restrictions of any permit authorized under the provisions of this chapter.

(Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)