1979 077 Ordinance - Laserfiche WebLink

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ORDINANCE N0. Page -19- 1379.09 REMEDIES (a) Public's Remedies. (1) The rights, obligations and remedies set forth in this Ordinance shall be cumulative and in addition to any others available at law or in equity. (2) The Village or any tenant or purchaser or owner of a unit may seek compliance of any provision of this Ordinance in a Court of competent jurisdiction, provided, however, that only the City may enforce the provisions of Section 1379.09(b). (3) In any action brouqht to enforce any provision of this Ordinance except Section 1379.09(b) a prevailing plaintiff shall be entitled to recover, in addition to any other remedy available, his reasonable attorneys' fees. (4) If a developer fails to comply with any of the provisions of this Ordinance, a purchaser may, at his option, at any time prior to the closing of the sale, rescind, in writing, the contract of sale, without any liability on the part of the purchaser and shall thereupon be entitled to the return of any monies made on account of the contract, and any expenses incurred on account of the contract shall be the responsibility of the developer. (b) City's Remedies. Whenever it is determined by the Mayfield Village Law Director that there has been a violation o£ this Ordinance, the Mayfield Village Law Departsnent is authorized, at its discretion, to commence with one or more o£ the following procedures: (1) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement; or (2) Seek a written assurance of this continuance which shall be signed by the developer and the Law Director; or (3) Institute injunctive or other appropriate action or proceeding in any Court of competent jurisdiction to obtain a restraining order, temporary or permanent injunction or any other appropriate form of release; or (4) Institute criminal proceedings.