(1) The council finds that the city’s financial resources are insufficient to pursue all alleged violations of this code. Instead, the city should, within available resources, focus on those violations which pose the greatest threats to public health and safety. In order to ensure some recourse for individuals affected by violations which the city will not pursue, a private cause of action is enacted. Nothing in this section restricts or otherwise affects any enforcement authority granted elsewhere in this code.
(2) Any person having a complaint regarding the services performed by a licensee may file a complaint in writing with the city manager if the complaint involves an alleged violation of this chapter.
(3) Within ten days of receipt of a complaint the city manager or designee shall indicate, in writing, whether the city intends to pursue enforcement action. The city’s failure to respond in ten days shall be deemed, for purposes of subsection (4) hereof, a determination not to pursue enforcement action. If the city manager or designee timely issues a written determination that the city intends to pursue enforcement action, the city manager or designee may issue a subsequent determination indicating that the city no longer intends to pursue enforcement action. Such a determination shall have the same effect as an initial determination not to pursue enforcement action.
(4) If the city manager or designee determines under subsection (3) above not to pursue enforcement action, any person claiming to be aggrieved by an alleged violation shall have a cause of action against a responsible person, in any court of competent jurisdiction, for such equitable remedies as may be appropriate. For purposes of this section, responsible person means the violator and any licensee for whom the violator works in either an independent contractor or employee capacity.