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A. Any violation of, or failure to comply with, a requirement of this chapter is hereby declared to be a public nuisance.

B. In addition to any other remedies which may be available to any person at law or equity, any person who is injured by any violation of, or failure to comply with, this chapter shall be entitled to sue for, and recover from any violator of this chapter, all damages proximately resulting from such violation in a court of appropriate jurisdiction, in addition to injunctive and other appropriate relief. In any such action or proceeding the prevailing party shall be entitled to reasonable attorney’s fees and costs.

C. Any violation of, or failure to comply with, any provision or requirement of this chapter shall be punishable as an infraction pursuant to Chapter 1.20 of the Berkeley Municipal Code. In addition, any violation of this chapter may be enjoined by civil action.

D. The remedies provided by this section are in addition to any other remedies to which the City may be entitled under any other provision of law. (Ord. 6024-NS § 3, 1990)