§ 12.14.02. RECOVERY OF COSTS.

   Pursuant to California Government Code § 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys' fees incurred in the action or proceeding.

(Ord. 1809, passed 2-21-24)

DIVISION 15. CODE ENFORCEMENT COST RECOVERY

§ 12.15.01. CODE ENFORCEMENT COSTS.

   This division governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.

(Ord. 1809, passed 2-21-24)

§ 12.15.02. DECLARATION OF PURPOSE.

   The City Council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the City of Indio Municipal Code or applicable state codes has been obtained.

(Ord. 1809, passed 2-21-24)

§ 12.15.03. AUTHORIZATION.

   Whenever an enforcement official determines a property to be in violation of provisions of the City of Indio Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code enforcement costs against the responsible person or property owner.

(Ord. 1809, passed 2-21-24)

§ 12.15.04. ASSESSMENT OF CODE ENFORCEMENT COSTS.

   A code compliance cost fee schedule shall be established and revised as necessary by the City Council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the City Clerk's office.

(Ord. 1809, passed 2-21-24)

§ 12.15.05. NOTICE OF ASSESSMENT OF CODE ENFORCEMENT COSTS.

   (A)   Where the assessment of code enforcement costs is authorized under this division, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:

      (1)   An itemized list of the amounts charged;

      (2)   The corresponding dates when code enforcement costs were incurred;

      (3)   A deadline by which the costs must be paid; and

      (4)   Notice that additional fees may be charged for late payment.

   (B)   Service of notice of the code enforcement cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Division 3.

   (C)   Code enforcement costs may be assessed as part of any judicial or administrative enforcement action as provided for in this division.

   (D)   The failure of any responsible person or property owner to receive notice of the code enforcement cost assessment shall not affect the validity of any costs imposed under this division.

(Ord. 1809, passed 2-21-24)