2.73.060 Enforcement.
A. The City Manager may enforce this chapter in accordance with the provisions of Chapter 1.41 CVMC.
B. If an Employer ceases its business operations, or sells, exchanges, transfers, or otherwise disposes of the Employer’s business, then any Person that becomes a successor to the business shall be liable for any unpaid amounts owed under this chapter, if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the amounts owed as determined by the City.
C. Civil Enforcement. A Traffic Control Worker, a representative of a Traffic Control Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter.
1. Remedies for Violation. A Court of competent jurisdiction may impose all remedies available under law or in equity, including injunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120.00 to each Traffic Control Worker for each day that a violation occurred or continued, and reasonable attorneys’ fees and costs. In an action initiated by the City Attorney, the recovery of attorneys’ fees shall be subject to the provisions of subsection (C)(2) of this section. In addition to the remedies identified above, a Traffic Control Worker who is the subject of retaliation by an Employer, as described in CVMC 2.73.050, is entitled to reinstatement and treble damages.
2. Attorneys’ Fees in City-Initiated Action. Attorneys’ fees may be recovered by the prevailing party only in individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. If the City does not elect, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or recover attorneys’ fees. (Ord. 3557 § 1, 2023).