§ 1-10-337. Penalties.

(a)

Any violation by any person or entity of any requirement or provision of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, any person violating any requirement or provision of this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(b)

In addition, Charlotte County may bring a civil action in any court of competent jurisdiction to enforce or administer this article including, but not limited to, seeking a temporary or permanent injunction or appointment of a receiver when it has reasonable cause to believe that a title loan lender is operating in violation of this article. Charlotte County shall be entitled to an award of costs and attorneys fees, including appellate costs and attorneys fees, in an action successfully enforcing the terms of this article.

(c)

Any borrower in a title loan transaction may bring a civil action to enforce or administer this article against a title loan lender who violates the provisions of this article in any court of competent jurisdiction. Upon adverse adjudication, the defendant title loan lender shall forfeit the entire interest so charged or contracted to be charged and shall be liable to the borrower for any court costs and attorneys fees incurred by the borrower. If the court finds that the suit fails to raise a justiciable issue of law or fact, the defendant title loan lender shall be entitled to an award of court costs and reasonable attorney's fees incurred by the defendant title loan lender.

(Ord. No. 2000-002, § 6, 1-25-00)