This chapter is intended to create a comprehensive cost recovery
program as authorized by law for the abatement of public nuisances.
The provisions of this chapter shall supersede and replace any inconsistent
provisions contained within this code.
(Ord. 1924 § 2, 2017)
For purposes of this chapter, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
"City manager's designee"
shall refer to the city manager or the person designated
by the city manager to fulfill the responsibilities required by this
chapter.
"Decision"
shall refer to the decision of the hearing officer at the
conclusion of an administrative hearing held in accordance with this
chapter.
"Hearing costs"
shall refer to all costs, expenses, hearing officer fees,
and attorneys' fees related to any administrative hearing held pursuant
to this chapter.
"Hearing officer"
shall refer to the neutral and impartial hearing officer
appointed to hold and conduct a hearing in accordance with this chapter.
"Invoice"
shall refer to the invoice identifying all nuisance abatement
costs that the city is entitled to recover related to a nuisance abatement
action.
"Nuisance" and "public nuisance"
shall include any violations of this code, any adopted code,
any state or federal law, or any other unlawful or nuisance condition.
"Nuisance abatement action"
shall refer to any code enforcement activity or nuisance
abatement activity taken by the city, including, but not limited to,
any legal action, administrative action, criminal action, or civil
action intended to cause or compel compliance with, or to enforce
any, provisions of this code, any adopted codes, or any applicable
state or federal laws.
"Nuisance abatement costs"
shall refer to all fines, costs, expenses, and fees, including,
but not limited to, all administrative expenses, administrative fines,
civil fines, penalties, staff time, variable costs, fixed costs, inspection
costs, investigation costs, enforcement costs, abatement costs, litigation
fees, litigation costs, hearing costs, attorneys' fees and costs,
and all other costs and expenses related to, arising out of, or incurred
by the city relating to any nuisance abatement action.
"Nuisance property"
shall refer to the property containing nuisance conditions
that is the subject of a nuisance abatement action.
"Responsible party" or "responsible parties"
shall refer to all parties responsible for causing, allowing,
or maintaining a public nuisance, including, but not limited to, the
owners, managers, tenants, and occupants of the nuisance property
upon which a public nuisance was caused, allowed, or maintained.
"Requesting party"
shall refer to any responsible party or interested party
to whom an invoice has been issued that properly requests a hearing
on the amount of nuisance abatement costs as required by this chapter.
(Ord. 1924 § 2, 2017)
The city is entitled, and is hereby authorized, to recover all
nuisance abatement costs related to, arising out of, or incurred by
the city as a result of any nuisance abatement action. Each responsible
party shall be jointly and severally liable to the city for all the
city's nuisance abatement costs.
(Ord. 1924 § 2, 2017)
The prevailing party in any nuisance abatement action may recover
its reasonable litigation costs and attorneys' fees from any non-prevailing
party. In no case, however, shall an award of attorneys' fees to the
prevailing party exceed the amount of reasonable attorneys' fees incurred
by the city. Non-prevailing parties shall be jointly and severally
liable for all attorneys' fees and costs owed to the prevailing party.
The city shall be deemed the prevailing party in a nuisance abatement
action if a nuisance condition is proven to have existed on a nuisance
property when the city initiated its nuisance abatement action even
if the nuisance condition is cured prior to the conclusion of the
nuisance abatement action.
(Ord. 1924 § 2, 2017)
In addition to any other remedy set forth in this code or provided
by law, the city is authorized to initiate any administrative or civil
action to recover all nuisance abatement costs, and to pursue recovery
of all nuisance abatement costs in any criminal action or proceeding.
Each of the responsible parties shall be jointly and severally liable
for all nuisance abatement costs. Unpaid nuisance abatement costs
may be recovered as a lien and special assessment against the nuisance
property, as provided in this chapter.
(Ord. 1924 § 2, 2017)