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A. The remedies provided under this section are in addition to any the City or any person might have under applicable law.

B. Any property owner shall be liable to the City of Berkeley for a civil penalty of one hundred dollars per day for each day the property owner fails to comply with the actions ordered by the City Manager pursuant to Section 13.56.020A, above. All payments under this section shall be used exclusively for the purpose of enforcing the provisions of this chapter or for enforcing State of California statutes regulating controlled substances.

C. The failure to comply with this City Manager’s order is hereby declared a nuisance and the City Attorney may bring a civil action under this section for injunctive and other relief.

D. The unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on private property is hereby declared to be a nuisance. Whether or not the City Manager orders a private property owner to take corrective action, any person aggrieved by such a nuisance may bring an independent civil action against the private property owner of the property on or about which such activity has occurred for all appropriate relief including damages, costs and attorney’s fees, which they may have incurred as a result of such activity of no less than five hundred dollars.

1. A "person aggrieved" is anyone who owns or occupies any premises that cannot be quietly used and enjoyed due to the unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on or in any property or dwelling unit, other than their own. (Ord. 5981-NS § 1, 1990: Ord. 5947-NS § 3, 1989)