(A) Whenever any person creating, causing, committing, concealing, suffering or maintaining a public nuisance, as referred to in § 1.01.240 of this chapter, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other city officer, employee or policing agent authorized to give the notice, to abate the nuisance or cease and desist from continuing the nuisance or violation of law, and the person fails, refuses or neglects to comply with the notice within the time specified therein, or if a time is not specified, then within a time reasonably sufficient to enable the compliance, the non-complying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within the notice.
(B) Costs and expenses, as referred to in division (A) above, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and any and all procedures associated with collecting monies due hereunder.
(C) The provisions of division (A) above shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
(D) The liability of any person for the payment of the costs and expenses provided for in division (A) above may be waived in whole or in part by the City Attorney in any case wherein the City Attorney determines, in the City Attorney's sole discretion, that the failure or refusal of the persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Title 2 of this code.
(E) Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, the liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Cal. Gov't Code §§ 39574 et seq., relating to weed abatement assessments.
(Ord. 2008-02, passed 10-1-2008; Am. Ord. 2013-117, passed 3-19-2013)