§ 1.36.050. Nuisances—Recovery of abatement expenses.

A.

Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.36.040 above, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

B.

Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. Notwithstanding the above, attorneys' fees shall be awarded to the prevailing party in any action taken by the City to abate a nuisance if, and only if, the City seeks the award of attorneys' fees at the initiation of such action or proceeding. The non-City prevailing party's attorneys' fees shall be limited to the reasonable attorneys' fees incurred by the City in the action or proceeding to abate the nuisance, regardless of the actual cost of any party's attorneys' fees.

C.

The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

D.

The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal.

E.

Money due to the City pursuant to this section may be recovered in an appropriate, civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the California Government Code relating to weed abatement assessments.

(Ord. 91-05 § 1.01.250)

(Ord. No. 322, § 2, 1-9-2018)