§ 210.0109 — Enforcement

§210.0109 Enforcement

(a) Violations of this Division are subject to the following remedies: (1) Any person who has been subjected to the use of surveillance technology in material violation of this Division or an approved Surveillance Use Policy, or about whom information has been obtained, retained, accessed, shared, or used in material violation of this Division or an approved Surveillance Use Policy, may institute proceedings in the Superior Court of the State of California against the City and shall be entitled to recover actual damages (but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater). Before filing a lawsuit against the City for damages from an alleged violation of this Division or an approved Surveillance Use Policy, a claimant shall provide a written claim, including written notice, to the City that provides details of the alleged violation. The City shall have 30 days from receipt of that written claim in which it may cure any alleged violation, which would act as an affirmative defense in litigation, or otherwise negotiate and resolve any claim with the claimant. (2) A court may award costs and reasonable attorney’s fees to a prevailing party plaintiff in an action brought under this Division. An award of attorney’s fees to a prevailing party plaintiff is limited to an amount not to exceed $15,000.

(“Enforcement” added 8-10-2022 by O-21514 N.S; effective 9-9-2022.) (Renumbered from former Section 210.0106 to Section 210.0109 and amended 2-14-2024 by O-21762 N.S.; effective 3-15-2024. Former Section 210.0109 “Grace Period for Use of Existing Surveillance Technology” retitled, amended, and renumbered to Section 210.0105.)