A. Any person who intentionally or negligently violates any provision of this chapter relating to campaign contribution limits or disclosures may be liable in a civil action brought by the city attorney or by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure. If, after consultation with the city clerk and review of the facts surrounding an alleged violation, the city attorney does not find the alleged violation to warrant the filing of a civil action and/or criminal prosecution, the city clerk may issue a notice of violation and/or administrative citation pursuant to Chapter 1.24.

B. If any person files an original city campaign statement after any deadline imposed by this chapter, he or she shall pay, in addition to any other penalties provided for under this chapter, the sum of one hundred dollars per day after the deadline until the statement or report is filed. Liability may not be enforced if on an impartial basis the city clerk determines that the late filing was not willful and that enforcement of the liability will not further the purposes of this chapter. In addition, the city clerk may assess any applicable fines in accordance with state law.

C. If two or more persons are responsible for any violation, they shall be jointly and severally liable.

D. Any person, before filing a civil action pursuant to this section, shall first file with the city attorney a written request for the city attorney to commence the action or the city clerk to issue a notice of violation as provided in subsection A of this section. The request shall contain a statement of the grounds for believing a cause of action exists and/or a violation has occurred. The city attorney and/or the city clerk shall respond within ten days after receipt of the request indicating whether he or she intends to file a civil action, notice of violation or administrative citation. If the city attorney or the city clerk indicates in the affirmative and files a suit or serves a notice of violation and/or administrative citation within thirty days thereafter, no other action may be brought, unless any action by the city attorney or city clerk is dismissed without prejudice.

E. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited into the city treasury. In an action brought by the city attorney, the entire amount shall be paid to the city treasury.

F. No civil action alleging a violation of any provision of this chapter shall be filed more than four years after the date the violation occurred. (Ord. 1682 § 5, 2020; Ord. 1643 § 1 (Exh. A (part)), 2017: Ord. 1599 § 2 (part), 2014: Ord. 1538 § 1 (part), 2010: Ord. 1483 § 1 (part), 2005: Ord. 1407 § 9, 2002; Ord. 1333 § 1 (part), 1998. Formerly 2.40.110)