19.50.060 Failure to timely repair--Civil remedies.
A. Where the failure to timely repair an elevator or to provide alternative housing, as required by Section 19.50.040 of this chapter results in any person residing in the building having substantially restricted access to or egress from their unit because of such person’s impaired ability to climb stairs as a result of such person’s physical disability, medical condition, infirmity, illness or other similar circumstance, the person whose access to or egress from such building has been substantially restricted as set forth in this subsection may bring a civil action for:
1. Injunctive relief against the building operators of the building in which the elevator is inoperable to compel the building owner to repair the elevator and/or to provide alternative housing;
2. Actual damages including emotional distress;
3. Statutory damages of two hundred dollars per day for each day that the elevator remains out of service in violation of Section 19.50.040 of this chapter. The total amount of such statutory damages shall not exceed ten thousand dollars per person for any one occasion that an elevator malfunctions;
4. Reasonable attorney’s fees and costs of suit.
B. The City Attorney or any interested person acting on behalf of the person whose access to or egress from such building has been substantially restricted as set forth in Section 19.50.060A, shall be entitled to bring an action for:
1. Injunctive relief against the building operators of the building in which the elevator is inoperable to compel the building owner to repair the elevator and/or to provide alternative housing; and
2. Reasonable attorney’s fees and costs of suit. (Ord. 6245-NS § 6, 1994)