Where a property owner has failed to abate a nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall cause the nuisance to be abated either by the use of city forces or by employing a private contractor to perform such work. However, the director shall not enter upon or cause any other person to enter upon the property which is the subject of a nuisance abatement order for the purpose of performing abatement work thereon without the prior written consent of the property owner unless and until a warrant or other order has been obtained by the city attorney on behalf of the city from a court of competent jurisdiction which authorized an entry on such property for such purpose.
When undertaking work necessary to abate a nuisance following the failure of the owner of the property on which such nuisance is located to abate the nuisance within the time prescribed by a nuisance abatement order, the director shall keep an accurate record of the nature of such work and all direct and indirect costs incurred in connection with the performance of such work. Such costs shall include, but are not limited to, a re-inspection fee—in the amount listed on the schedule of administrative fines adopted pursuant to Section 1.15.050 of this code—for all re-inspections by city personnel of the property on which a nuisance is located to determine whether the nuisance has been abated since it was first discovered. In those cases in which the director has employed a private contractor to perform nuisance abatement work, such indirect costs shall include, but are not limited to, the cost of preparing plans and specifications for the work, the cost of preparing, bidding and awarding a contract for performance of the work, and the cost of inspecting the work. In accord with Government Code Section 38773.5, indirect costs for any nuisance abatement case shall also include, but are not limited to, the reasonable attorney’s fees incurred to enforce or defend the provisions of this chapter in any state or federal court of competent jurisdiction in which the city elects to seek reasonable attorney’s fees at the initiation of the action and in which the court thereafter finds one party to be a prevailing party. In such cases, any award of reasonable attorney’s fees shall be to the prevailing party, whether that be the city or another party.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §8, Ord. 2592 §1 (part))