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(1) When the city attorney has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in any activity in violation of the uniform business practices set out in this chapter, the city attorney may bring suit in the name of the city in the Municipal Court to restrain the person from engaging in the alleged unlawful business practice.

(2) Except as provided in subsections (5) and (6) of this section, before filing a suit under subsection (1) of this section, the city attorney shall notify the person charged in writing of the alleged violation and the relief to be sought. Such notice shall be served in the manner set forth in section 3.825 of this chapter for the service of investigative demands. The person charged shall have 10 days to execute and deliver to the city attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged violation. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the city attorney is satisfied with the assurance of voluntary compliance, it may be submitted to the Municipal Court for approval and if approved shall be filed with the clerk of the court and the city manager.

(3) The city attorney may reject any assurance:

(a) Which does not contain a promise to make restitution in specific amounts or through arbitration to persons who suffered any ascertainable loss of money or property as a result of the alleged violation; or

(b) Which does not contain any provision, including but not limited to the keeping of records, which the city attorney reasonably believes to be necessary to insure the continued cessation of the alleged violation.

(4) Violation of any of the terms of an assurance of voluntary compliance which has been approved and filed with the court shall constitute a contempt of court.

(5) If, within two years prior to the filing of a suit, the person charged with the violation submitted to the city attorney an assurance of voluntary compliance which was accepted by and filed with the Municipal Court, the city attorney need not comply with the provisions of subsection (2) of this section before filing suit. The city attorney shall, however, serve notice on the defendant in accordance with the procedure set forth in section 3.825 of this chapter at least 10 days prior to filing suit.

(6) If the city attorney alleges that he or she has reason to believe that the delay caused by complying with the provisions of subsection (2) or (5) of this section would cause immediate harm to the public health, safety or welfare, the city attorney may immediately institute a suit under subsection (1) of this section.

(7) A temporary restraining order may be granted without prior notice to the person if the Municipal Court finds there is a threat of immediate harm to the public health, safety or welfare. The court shall fix a time not to exceed 10 days after which the temporary restraining order shall expire by its terms, unless within the time fixed, the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

(Section 3.830 added by Ordinance No. 19338, enacted June 26, 1985, effective July 26, 1985; and administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.)