(A) Recovery of attorneys' fees authorized for certain nuisances upon election by city. In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance, if the city elects at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover its attorneys' fees. In no action, administrative proceeding or special 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.
(B) Prevailing Party. In addition to any other determination of prevailing party authorized pursuant to applicable law, the city shall be considered a prevailing party entitled to its costs under subsection (A) when it can demonstrate that:
(1) Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
(2) The lawsuit was meritorious and achieved its result by "threat of victory"; and
(3) The city reasonably attempted to settle the litigation before filing the lawsuit.
(C) Remedies cumulative. The remedies contained in this section are cumulative to one another and to any other remedy available by law or in equity to the city.
(Ord. 3099 § 1, 2011; Ord. 2962 § 3, 2009; Ord. 2957 § 2, 2008; Ord, 2876 § 3, 2007; Ord. 2870 § 1, 2006; Ord. 2855 § 1, 2006.)