Note: Prior ordinance history: Ords. 541, 598, 638 and
1243.
The purpose and intent of this chapter is to provide regulations
that will promote the sound maintenance of property and enhance conditions
of appearance, habitability, occupancy, and safety of all structures
and premises in the city, and to afford due process of law to any
person who is directly affected by this process. It is the policy
of the city to ensure all applicable laws are followed by the city
in performance of this chapter, including respect for constitutional
protections, due process, and equal protection.
In order to further the stated goal of the city of Palm Desert
and to protect its citizens and their property from conditions which
are offensive or annoying to the senses, detrimental to property values
and community appearance, or hazardous or injurious to the health,
safety, or welfare of the general public, the city council has determined
that this chapter pertaining to nuisance abatement is necessary to
effectively abate or prevent the development of such conditions in
the city.
This chapter may not be applied, construed, or given effect
in a manner that imposes upon the city any duty towards persons or
property or that creates a basis for civil liability for damages,
except as otherwise imposed by law. The city reserves the right to
address abatement of nuisance in a variety of ways at its sole discretion
while balancing the use of limited city resources.
(Ord. 1399 § 1, 2023)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words or phrases used in this chapter are
defined as follows:
means all costs, fees, and expenses, incidental or otherwise,
including attorneys' fees and city staff time charges, incurred by
the city in investigating and abating a public nuisance.
means any city employee or agent designated by the city manager
with the authority and responsibility to enforce any provision of
this code, including an officer employed by the city and an officer
providing services to the city under contract.
means an impartial individual designated and authorized by
this chapter to hear and review appeals of a person receiving a notice,
decision, or order issued under this chapter.
means any natural person or legal entity, including any firm,
partnership, association, corporation, organization or entity of any
kind, or such person's authorized representative.
means any of the following:
A person who causes a code violation to occur.
A person who maintains or allows a code violation to continue,
by his or her action or failure to act.
A person who is the owner of, and a person who is a tenant,
lessee or sublessee with the current right of possession of real property
where a property-related code violation occurs or exists.
A person whose agent, employee, or independent contractor causes
a code violation by its action or failure to act.
A person who is the on-site manager of a business, or a person
actually or apparently in charge of the business.
The parent or the legal guardian of any person under the age
of eighteen years of age, who causes a code violation by his or her
action or failure to act.
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For purposes of this subsection "person" includes a natural
person or legal entity, and the owners, corporate officers, trustees,
and general partners of a legal entity. There shall be a legal presumption
that the record owner of a parcel according to the county's latest
equalized property tax assessment rolls and a tenant, lessee or sublessee
of a parcel has notice of any code violation existing on the premises.
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For the purposes of this chapter, there may be more than one
responsible person for a code violation.
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(Ord. 1399 § 1, 2023)
It is unlawful and a public nuisance for any person owning,
leasing, renting, occupying, or having charge or possession of any
property in the city to maintain the property or allow the property
to be maintained, with any of the following conditions:
A.
Buildings
or structures which are abandoned, partially destroyed or left in
an unreasonable state of partial construction. For purposes of this
subsection, an "unreasonable state of partial construction" is where
any partially constructed building or structure, the building permits
for which have expired, or substantially detracts from the appearance
of the immediate neighborhood;
B.
Unpainted
buildings or structures that have dry rot, whose materials are warped
or infested with termites, or any building or structure whose paint
has become excessively cracked, or whose paint has peeled or blistered;
C.
Exterior
walls, fences, driveways or sidewalks which are maintained in a condition
of deterioration or disrepair and which are defective or unsightly;
D.
Broken
windows, damaged doors or gates which constitute a hazard and an invitation
to trespassers or vagrants;
E.
Construction
equipment, machinery or building materials of any type or description
parked or stored on the premises which is visible to the general public
except during excavation, construction or demolition operations conducted
pursuant to an active building or grading permit for the premises;
F.
Land
graded without an appropriate city permit which causes erosion, subsidence
or surface water drainage problems of such magnitude as to be injurious
or potentially injurious to the public health, safety, and welfare
or to be injurious or potentially injurious to adjacent properties;
G.
Any
excavation, pit, well or hole which is open to the public, or unguarded,
or abandoned, such that the excavation, pit, well or hole may be dangerous
to life;
H.
Any
dust, sand, gravel, trash, or other refuse and waste matter or debris
which is allowed to interfere with the reasonable enjoyment of property
by neighbors, or detrimentally affects property values in surrounding
neighborhoods or community and/or resulting from construction activities
within the city;
I.
All
outdoor stairs, porches, hand railings, balconies and awnings not
adequately maintained in a safe and structurally sound condition;
J.
Any
swimming pool, spa, pond, fountain or other body of water which is,
may become, or which has become polluted, stagnant, a breeding place
for insects or otherwise hazardous, odorous or unsightly;
K.
A building
or structure that is marked or defaced with spray paint, dye or like
substance in a manner commonly described as graffiti;
L.
Any
violation of any Palm Desert Municipal Code section, any violation
of a Riverside County Code of Ordinances section adopted by the city,
or any violation of the uniform codes adopted by the city, including,
but not limited to, the Uniform Building Code, Code for Abatement
of Dangerous Buildings, Plumbing Code, Electrical Code, Mechanical
Code, Swimming Pool Code, Fire Code, Health Code or Uniform Housing
Code, as the same currently exist or as they may be hereinafter enacted
or amended;
M.
Premises
so maintained as to cause the accumulation of polluted or stagnant
water when such water causes a hazardous or unhealthy condition, breeding
areas for insects, or erosion of foundation walls or soil;
N.
Maintenance
of property so out of harmony or conformity with the maintenance standards
of adjacent properties as to interfere with the reasonable enjoyment
of property by neighbors, and depreciate the aesthetic and property
values of surrounding property;
O.
The
intentional outdoor burning of any material, structure, matter or
thing, unless authorized by the city fire department or authorized
representative by issuance of a permit to do so. There shall be no
authorized burning on Friday, Saturday, Sunday or Government Code
holidays;
P.
To leave
or permit any abandoned, unattended or discarded icebox, refrigerator,
freezer or other container which has an airtight door or lid with
a snap lock or other device which may not be released from the inside,
to be left outside of any building or structure at any time;
Q.
Stockpiling
of fill dirt or other material without a permit;
R.
The
substantial lack of maintenance of grounds, landscape, shrubs, plants
or vegetation within the city which are viewable by the general public
from a public right-of-way or viewable from neighboring properties
such that the property values of surrounding properties are reduced
or such that the aesthetics of surrounding properties are detrimentally
affected;
S.
Landfills
which contain organic materials, except as permitted by the chief
building officer or director of public works;
T.
The
existence of the following on property such that the health, safety
or general welfare is detrimentally affected or in such a manner that
a public nuisance or fire hazard is created:
1.
Lumber,
junk, trash, debris, refuse, waste matter or other salvage materials
visible from a public right-of-way or adjoining property,
2.
Attractive
nuisances dangerous to children, including abandoned, broken or neglected
equipment and machinery, hazardous pools, and excavations,
3.
Abandoned
or discarded furniture, appliances, play equipment or other household
fixtures or other equipment, stored so as to be visible from public
right-of-way or from adjoining property,
4.
Clotheslines
in front yard areas or side yard areas of corner lots, clothes hung
to dry on walls, fences, trees, bushes or inside opened garage or
carport areas where such is viewable from the public right-of-way,
5.
Abandoned,
wrecked or inoperative vehicles of all types, and parts thereof,
6.
Materials
or items of any type stored on rooftops when visible from the public
right-of-way,
7.
Garbage
or trash cans, containers or plastic bags stored in front or side
yards, visible from the public right-of-way, or which cause offensive
odors,
8.
Gasoline,
oil, grease, water or other materials which flow onto the public right-of-way,
or the excessive accumulation of refuse and waste, grease and oil
on any paved surfaces, buildings, structures, walls or fences,
9.
Any
tree, shrubbery or plant permitted to grow onto or over the public
right-of-way such that pedestrian or vehicular traffic is impaired,
or such that vehicle operators cannot clearly observe safety signs
and signals,
10.
Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs
and overgrown vegetation, cultivated or uncultivated, which is likely
to harbor rats, vermin or constitute an unsightly appearance, nuisance,
fire hazard, or that is detrimental to neighboring properties or property
values,
11.
Refuse and waste matter, which by reason of its location or character,
is unsightly and interferes with the reasonable enjoyment of property
by neighbors, detrimentally affects property values in the surrounding
neighborhood, or which would materially hamper or interfere with the
prevention or suppression of fire upon the premises. "Refuse and waste
matter" means unused or discarded matter and material having no substantial
market value and which consists of rubbish, garbage, weeds, palm fronds,
leaves, grass, refuse, debris and matter of any kind, including, but
not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks,
soil, building materials, crates, cartons, containers, boxes, machinery
or parts thereof, scrap metal and other pieces of metal (ferrous or
nonferrous), furniture or parts thereof, inoperative vehicles or parts
thereof, trimmings, cans, bottles, barrels and unapproved fill dirt
or similar matter;
U.
The
existence of the following activities within a commercial or industrial
zoning district:
2.
Noxious
odors or toxic fumes,
3.
Vibrations
or disturbances that disrupt the nearby properties,
4.
Unauthorized
outdoor storage or disposal of hazardous materials,
5.
Excessive
light pollution that negatively impacts neighboring properties,
6.
Activities
resulting in significant traffic congestion beyond normal capacity,
7.
Any
other activities or operations deemed by an enforcement official as
causing a public nuisance.
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Upon a finding of any nuisance in this subsection U, an enforcement official may regulate or enjoin the hours of operation or the activities of businesses within the city commercial and industrial districts.
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(Ord. 1399 § 1, 2023)
A.
Except
where this chapter prescribes another procedure or the parties otherwise
agree to an alternate means, any notice or document required to be
served under this chapter must be served by personal service or first-class
mail.
B.
Service
is deemed effective on the date it is personally delivered or deposited
in the mail.
C.
Failure
of any person to receive a document properly served under this chapter
does not affect the validity of the notice or document, service, or
any action or proceeding under this chapter.
D.
The
notices and documents that are authorized by this chapter may be combined
in the discretion of the city.
(Ord. 1399 § 1, 2023)
A.
Whenever
it is appropriate to make an inspection to enforce any of the provisions
of this chapter, or whenever an enforcement official has reasonable
cause to believe that there exists in any building or on any property
any public nuisances, the enforcement official may request entry to
such building or property at all reasonable times to inspect the same
and ascertain whether the provisions of this code or applicable state
codes are being obeyed and to make any examinations and surveys as
may be necessary in the performance of their enforcement duties. These
may include the taking of photographs, samples or other physical evidence.
All inspections, entries, examinations and surveys shall be done in
a reasonable manner. If such building or property is occupied, the
enforcement official shall first present proper credentials or identification
and request entry. If the building or property is unoccupied, the
enforcement official shall make a reasonable effort to locate the
owner or other persons having charge or control of the building or
property and request entry. If entry is refused, the enforcement official
shall have recourse to every remedy provided to secure entry, including,
but not limited to, securing a court-ordered inspection warrant pursuant
to the procedures provided in state law, including California Civil
Procedure Section 1822.50 et seq., as it may be amended from time
to time.
B.
When
an enforcement official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner
or occupant of the building or property shall fail or neglect, after
proper request is made as provided in this section, to promptly permit
entry therein by the enforcement official for the purpose of inspection
and examination pursuant to this chapter.
(Ord. 1399 § 1, 2023)
A.
Whenever an enforcement official determines that a nuisance, as designated in Section 8.20.020, is occurring or exists, he or she may issue a written order to any responsible party ("notice to abate").
B.
A notice
to abate issued pursuant to this section must contain the following
information:
1.
The
address of the real property on which the alleged nuisance condition
exists;
2.
A
description of the alleged nuisance conditions and the code section(s)
prohibiting the alleged nuisance condition;
3.
A
brief description of the required corrective actions;
4.
A
reasonable compliance period in which to complete the nuisance abatement
actions (with all required city approvals, permits and inspections,
when applicable);
5.
A
statement that the city may record a notice of violation with the
Riverside County recorder's office against the premises; and
C.
Whenever
the enforcement official intends to abate a public nuisance by demolition
of a building or structure if the responsible party fails to comply,
then the city must comply with the following additional requirements:
1.
The
notice to abate must contain a statement that the city intends to
abate the nuisance with city personnel or contractors by demolition
of a building or structure if the nuisance conditions are not repaired,
rehabilitated, removed, terminated, or demolished within the compliance
deadline set forth in the notice to abate; and
2.
The
city must serve the notice to abate on all secured lienholders of
record with the Riverside County recorder's office.
(Ord. 1399 § 1, 2023)
A.
Any
person issued a notice to abate has a right to appeal the city's nuisance
determination in accordance with this section. An appeal must be filed
within fifteen calendar days following the date of service of the
notice to abate. A written notice of appeal must contain the following
information: (1) the name and contact information of the appellant;
and (2) the grounds for appeal in sufficient detail to enable the
hearing officer and city to understand the nature of the controversy.
The failure of any person who has been served with a notice to abate
to timely and properly file an appeal is a failure to exhaust administrative
remedies.
B.
The
city manager may select the hearing officer. The hearing officer must
be selected in a manner that avoids the potential for pecuniary or
other bias.
C.
If a timely and proper appeal is filed, then the city clerk must schedule the hearing no sooner than fifteen calendar days and no later than sixty calendar days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. The city clerk must notify the appellant in writing of the date, time, and location of the hearing at least ten calendar days before the date of the scheduled hearing. The notice of hearing must be served in accordance with Section 8.20.030.
D.
The
city bears the burden of proof to establish a nuisance exists by a
preponderance of evidence. The issuance of a notice to abate is prima
facie evidence of the existence of a violation. The scope of the appeal
is limited to whether any nuisance condition identified in the notice
to abate exists.
E.
All
parties have the right to present evidence and witnesses. The formal
rules of evidence and discovery do not apply. The rules of privilege
are effective to the same extent that they are now or hereafter may
be recognized in civil actions. Irrelevant or unduly repetitious evidence
may be excluded. Oral evidence may be taken only on oath or affirmation.
The appellant and respondent may represent themselves or be represented
by anyone of their choice. No party has the right to cross-examine
any other party or witness except for good cause shown to the satisfaction
of the hearing officer. The appellant may bring an interpreter to
the hearing at his or her sole expense. The city may, at its discretion,
record the hearing by stenographer, court reporter, audio recording,
or video recording.
F.
The hearing officer's decision must be in writing, set forth the hearing officer's findings of fact and conclusions of law, order the abatement of any confirmed nuisance conditions within a deadline determined by the hearing officer to be reasonable, and include a statement that if the nuisance is not abated then it may be abated by the city. If the hearing officer determines that each and every nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. The hearing officer must render a decision within fifteen calendar days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer or automatically grant the appeal. The hearing officer's decision must be served in accordance with Section 8.20.030. The hearing officer's decision is the final administrative decision of the city regarding the notice to abate and is not subject to appeal to the city council or any other board or commission of the city. The hearing officer's decision is final and effective on the date of service of the decision. The decision must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq." Failure to seek timely judicial review pursuant to California Code of Civil Procedure Section 1094.5 et seq. means all objections to the hearing officer's decision are waived.
(Ord. 1399 § 1, 2023)
If a nuisance is not completely abated within the time prescribed
by the notice to abate or, if appealed, in the hearing officer's decision,
the city is authorized to abate a public nuisance by any other method
authorized by law, such abatement may be performed through inspections
and directives to remediate the violation or legal proceedings designed
to secure enforcement of the city's municipal code or the city may
commence the abatement work itself. The city and its agents are expressly
authorized to enter the premises for such purpose. Except in cases
involving an imminent hazard, entry onto any real property to abate
a public nuisance must be pursuant to a warrant issued by a court
of competent jurisdiction.
(Ord. 1399 § 1, 2023)
A.
If,
in the reasonable opinion of the enforcement official, there exists
a condition that constitutes an imminent threat of harm to public
health or safety, or imminent hazard to real or personal property,
the enforcement official may cause the conditions to be summarily
abated in accordance with the following procedure. When determining
whether a hazard is sufficiently imminent to warrant emergency abatement,
the enforcement official may consider whether there is insufficient
time to follow the administrative process for non-emergency abatements
described in this chapter.
B.
If time
permits, the enforcement official may attempt to contact the owner
or occupant of the property to notify the responsible party that the
condition must be immediately abated to eliminate the imminent hazard.
C.
If the
enforcement official is unable to make contact, or if after contact
with the owner or occupant does not take action within the time prescribed
by the enforcement official, he or she is authorized to take all actions
necessary to eliminate or mitigate the hazardous condition, utilizing
the city's own forces or private contractors.
D.
Nothing
in this section prevents public safety officers from taking actions
in emergency situations as they may deem necessary or appropriate
in order to protect the public health, safety, and general welfare.
E.
As soon as reasonably possible under the circumstances, following any summary abatement action by the city to abate an immediate hazard, the city must provide each responsible party with a "notice of summary abatement." The notice of summary abatement must be served in accordance with Section 8.20.030 and contain the following information:
F.
The city's determination that a condition constituted an imminent threat or hazard may be appealed as set forth in Section 8.20.060.
G.
The
enforcement official must keep an itemized account of the costs incurred
by the city in abating the public nuisance. The city is entitled to
recover all abatement costs incurred in the abatement of an imminent
threat or hazard in accordance with the procedures set forth in this
chapter.
(Ord. 1399 § 1, 2023)
A.
If a
nuisance is not completely abated as determined by the city within
the time prescribed by the notice to abate or, if appealed, in the
hearing officer's decision, the city may record a notice of violation
with the Riverside County recorder's office against the premises.
B.
The
city must record a rescission of notice of violation with the Riverside
County recorder's office within fourteen business days of its determination
that a violation or a public nuisance has been fully abated or corrected.
(Ord. 1399 § 1, 2023)
Whenever the city incurs abatement costs in abating a public
nuisance or seeking to abate a code violation or public nuisance,
the city is entitled to recover the abatement costs related to those
code enforcement efforts in accordance with the procedure set forth
in this chapter. The city may commence cost recovery proceedings at
any time.
(Ord. 1399 § 1, 2023)
Recoverable abatement costs include all costs, fees, and expenses,
incidental or otherwise, including attorneys' fees, incurred by the
city in investigating and abating a public nuisance.
(Ord. 1399 § 1, 2023)
A.
To initiate
the process for recovery of abatement costs, the city must serve an
itemized report of abatement costs on the responsible party identifying
all abatement costs and demanding payment. The report must provide
notice that any unpaid amounts may become a lien and special assessment
against the property unless the city receives full and timely payment.
The right to appeal and appeal procedures must be specified in the
report.
B.
The report of abatement costs must be served in accordance with Section 8.20.030. If the code violation or public nuisance is related to real property, then the report of abatement costs must be served upon each person with a recorded interest in the subject property.
C.
Timely,
full payment of the abatement costs must be remitted to the city within
forty-five calendar days following the date of service of the report
of abatement costs.
D.
Any person issued a report of abatement costs has a right to appeal the report of abatement costs in accordance with the procedures set forth in Section 8.20.060(A).
(Ord. 1399 § 1, 2023)
A.
Report of abatement costs appeal hearings and hearing officer determinations shall proceed in accordance with the procedures set forth in Section 8.20.060, except as otherwise provided in this section.
B.
The
scope of the appeal is limited to the appropriateness of the amount
of the abatement costs, and the hearing officer's decision may confirm,
discharge, or modify the amount of costs.
C.
The
hearing officer's decision must be in writing, set forth the hearing
officer's findings of fact and conclusions of law, and demand payment
of any confirmed abatement costs within thirty calendar days following
the date of service of the hearing officer's decision. The hearing
officer's decision is the final administrative decision of the city
regarding the abatement costs.
D.
Any
confirmed abatement costs must be tendered to the city within thirty
calendar days following the date of service of the hearing officer's
decision.
(Ord. 1399 § 1, 2023)
Upon expiration of forty-five calendar days after the report of abatement costs, or thirty calendar days after the hearing officer's decision in the event of an appeal, if the full amount of the final abatement costs has not been paid, any unpaid costs may be collected by the city in accordance with Sections 8.20.150 through 8.20.170.
(Ord. 1399 § 1, 2023)
A.
Pursuant
to Government Code Section 38773.1, abatement costs may be levied
by the city as a lien against the property on which the nuisance was
abated. If the abatement costs have not been paid in full within the
time required by this chapter, the city may record a lien against
the nuisance property for any unpaid amount. Before recording a lien,
the city must serve each person with a recorded interest in the subject
property with notice of the lien. In addition, any owner of record
must be served in accordance with Government Code Section 38773.1.
B.
The
nuisance abatement lien must be recorded in the office of the county
recorder of Riverside County, California; and from the date of recording,
the nuisance abatement lien will have the force, effect, and priority
of a judgment lien, and will continue in effect until discharged by
the city.
C.
The
lien must specify the city as the agency for whose benefit the lien
is established, the amount of the lien, the date of any abatement
order (including a notice to abate and/or hearing officer's decision),
the street address, legal description, and assessor's parcel number
of the parcel on which the lien is imposed, and the name and address
of the recorded owner of the parcel.
D.
The
nuisance abatement lien may be foreclosed by an action brought by
the city for a money judgment. All costs and expenses relating to
the processing, recording and enforcement of the abatement lien, including
recording fees, noticing costs and attorneys' fees may be added to
the amount of the lien and will be secured thereby.
E.
Upon
payment or other satisfaction of the abatement lien, a notice of release
of lien must be prepared and recorded by the city forthwith.
(Ord. 1399 § 1, 2023)
A.
Pursuant
to Government Code Section 38773.5, abatement costs may be levied
by the city as a special assessment against the property on which
the nuisance was abated. If the abatement costs have not been paid
in full within the time required by this chapter, the city may levy
a special assessment against the real property on which the violation
occurred. The city must serve each person with a recorded interest
in the subject property with notice of the imposition of the special
assessment. In addition, any owner of record must be served in accordance
with Government Code Section 38773.5. The notice must specify that
the property may be sold after three years by the county tax collector
for unpaid delinquent assessments.
B.
The
notice of special assessment is entitled to recordation with the Riverside
County recorder's office. A copy of the notice of special assessment
must be transmitted to the county tax assessor and tax collector,
whereupon the tax assessor and tax collector must add the amount of
the special assessment on the next regular bill for real estate taxes
levied against the property identified in the notice of special assessment.
Thereafter, the special assessment will be collected at the same time
and in the same manner as ordinary municipal taxes are collected,
and will be subject to the same penalties and the same procedure and
sale in the case of delinquency as provided by law for ordinary municipal
taxes. After recordation, the special assessment may be foreclosed
on as a lien in the manner and means provided by law.
(Ord. 1399 § 1, 2023)
A.
It is
unlawful and declared a public nuisance for any person to violate
any provision of this chapter. It is unlawful and declared a public
nuisance for any person to violate any hearing officer order or decision
made under this chapter.
B.
Any
person who violates any provision of this chapter is guilty of a misdemeanor
punishable by a fine of up to one thousand dollars, or by imprisonment
in the County Jail not exceeding six months, or by both, except the
city attorney or enforcement official may prosecute a violation of
this chapter as an infraction, in his or her discretion.
C.
Upon
entry of a second or subsequent civil or criminal judgment within
a two-year period against an owner of a property responsible for a
public nuisance and subject to this chapter, the city is authorized
to request that the court order the owner to pay treble the costs
of abatement, except if any such judgment relates to an abatement
of conditions pursuant to California Health and Safety Code Section
17980.
D.
Violation of this chapter may be punished by issuance of an administrative citation fine, as set forth in Chapter 8.81 of this code.
E.
In addition
to any other remedies set forth in this code or otherwise provided
by law, the city attorney is authorized to bring a civil or equitable
action, at his or her discretion, to seek the abatement of any violation
of this chapter, to recover the city's abatement costs, or to enforce
any provision of this chapter.
F.
The
prevailing party in any action, administrative proceeding, or special
proceeding to abate a public nuisance, or in any appeal or other judicial
action arising therefrom, shall be entitled to recover its reasonable
attorneys' fees. Recovery of attorneys' fees shall be limited to those
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. In no action or proceeding shall an award of attorneys'
fees to a prevailing party exceed the amount of reasonable attorneys'
fees incurred by the city in the action or proceeding. In addition
to the award of attorneys' fees pursuant to this subsection, the prevailing
party in any action, administrative proceeding, or special proceeding
to abate a public nuisance, or in any appeal or other judicial action
arising therefrom, shall be entitled to recover its reasonable attorneys'
fees incurred in any post-judgment proceedings to collect or enforce
the judgment.
G.
Each
and every day a violation is maintained, caused, aided, abetted, concealed,
suffered, or permitted is a separate offense.
H.
The
regulations, remedies, procedures, and penalties provided by this
chapter are cumulative to each other and to any other available under
city, state, or federal law.
(Ord. 1399 § 1, 2023)
