(A) A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in Part 1 of this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:
(1) Attorney’s fees are not recoverable by any person as a prevailing party unless the City Manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.
(2) The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.
(B) Provided that the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.
(Ord. 2007-20 § 2 (part), 2007)