Notwithstanding anything in this code to the contrary, the town may only recover its attorneys’ fees in any action, administrative proceeding or special proceeding commenced by the town to abate a public nuisance, to enjoin violation of any provision of this code, including its adopted codes, or to collect a civil debt owing to the town, if the town elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In these cases, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. 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 town in the action or proceeding. The town is the prevailing party if any portion of the notice to abate is upheld.
(Ord. 831, passed 5-1-2019)