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<br />-15- <br /> <br />(3) In any action brought to enforce any provision of this <br />ordinance except Section 1327.09(b), a prevailing <br />plaintiff shall be entitled to recover, in addition to <br />any other remedy available, his reasonable attorney's <br />fees. <br /> <br />(4) If a developer fails to comply with any of the provisions <br />of this ordinance, a purchaser may at his option at any <br />time prior to the closing of the sale, rescind, in writing, <br />the contract of sale, without any liability on the part of <br />the purchaser and shall thereupon be entitled to the return <br />of any monies made on account of the contract, and any <br />expenses incurred on account of the contract shall be the <br />responsi.bil ity of the developer. <br /> <br />(b) City's Remedies. <br /> <br />Whenever it is determined by the Lakewood Director of Law that <br />there has been a violation of this ordinance, the Lakewood Law Department <br />is authorized, at its discretion, to commence with one or more <br />of the following procedures: <br /> <br />(1) Attempt to conciliate the matter by conference or otherwise <br />and secure a written conciliation agreement; or <br /> <br />(2) $e~k a written assurance of discontinuance which shall <br />be signed by the developer and the Lakewood Director of <br />Law; or <br /> <br />(3) Institute injunctivB or other appropriate action or <br />proceeding in any court of tomp-etent jurisdiction to obtain <br />a restraining order, permanent or temporary injunction or <br />any other appropriate form of relief; or <br /> <br />(4) Institute criminal proceedings. <br /> <br />1327,99 PENALTIES. <br /> <br />(a) Any person found guilty of violating any Qf the provlslons of this <br />ordinance upon conviction thereof shall be guilty of a misdemeanor <br />of the second degree for the first offense and for a second or <br />subsequent offense shall be guilty of a misdemeanor of the <br />first degree. <br /> <br />(b) Each day such violation occurs or continues shall constitute a <br />separate offense. <br /> <br />(c) Violation of any provision of this ordinance shall be cause <br />for revocation of any license, certificate or permit issued <br />to such violat?t or offendin9 party by the City of Lakewood. <br /> <br />Section 2. It is found and determined that all formal actions of <br />this Council concerning and relating to the passage of this ordinance were adopted <br />in an open meeting of this Council, and that all deliberations of this Council <br />and of any of its Committees that resulted in such formal actions, were in <br />meetings open to the pub-lie, in compliance with a11 legal requirements including <br />Section 121.22 of the Ohio Revised Code. <br /> <br />Section 3. That this ordinance, having been declared to be an <br />emergency measure, for the ,reasons stated in the preamble hereof and provided it <br />receives the affirmative vote of two-thirds of all members elected to Council, it <br />sha11 take effect and be in force immediately upon its adoption and approval by <br />the Mayor; otherwise it shall take effect and be in f rce from and a er the rliest <br />period allowed by law. <br /> <br />Adopted: Ì7r 7- .-/'1; /f?f <br /> <br />. <br /> <br /> <br />Approved: ÌJ1v¡ :1 ~ If?! <br />