A. Violations of this chapter or any condition of a tobacco retailer’s license issued pursuant to this chapter shall constitute a public nuisance. Such violations may be enforced as follows:
1. Prosecution as infractions or misdemeanors at the city attorney’s discretion.
2. Abated as a public nuisance in compliance with the procedures set forth in Chapter 8.24 of this code. The costs of the abatement shall be assessed against the owner of the property who shall be responsible for all actual and reasonable costs incurred by the city, including attorneys’ fees. In the event a nuisance abatement assessment is challenged in a court of competent jurisdiction, the prevailing party shall be entitled to attorneys’ fees in connection with the litigation.
3. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the tobacco retailer operates.
B. Any person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages.
C. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies. (Ord. 929-03 § 1 (part))
5.45.140