(A) Any owner or responsible party in an enforcement action shall be liable to the city for enforcement costs incurred by the city in an enforcement action.
(B) The city may recover any enforcement costs incurred in the enforcement of any provision of the zoning code, the housing code, building code, electrical code, plumbing code, mechanical code or the uniform code for the abatement of dangerous buildings as provided in this code. The amount of any enforcement cost shall not exceed the actual cost incurred.
(C) Subsection (A) or (B) of this section shall not apply to any enforcement action regarding a violation of any provision of sections of the zoning code, the housing code, building code, electrical code, plumbing code, mechanical code or the uniform code for the abatement of dangerous buildings as provided in this code in which the violation was evident on the plans that received the building permit.
(D) The prevailing party in any civil action, administrative proceeding or special procedure to abate a public nuisance may recover its reasonable attorney fees in those individual actions or proceedings wherein the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding or special proceeding shall an award of attorney fees to any prevailing party exceed the amount of reasonable attorney fees incurred by the city in the action or proceeding.
(Ord. 553, passed 8-15-2006)