(a) The owner, lessee, occupant, or other person having charge of any such buildings or premises who maintains any public nuisance, as defined in § 5-22.01(a) and (d) of this chapter, or who neglects to comply with the Notice of Violation pursuant to § 5-22.04 (Notice of Violation) of this chapter, is guilty of an infraction.
(b) Any occupant or lessee in possession of any such building or structure who refuses to vacate the building or structure, in accordance with an order given as herein provided, is guilty of an infraction.
(c) Any person who removes any notice or order posted as herein required for the purpose of interfering with the enforcement of these provisions shall be guilty of an infraction.
(d) No person shall obstruct, impede, or interfere with any representative of the City Council, or any representative of a City department, or with any person who owns or holds any estate or interest in a building that has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to these provisions whenever any such representative of the City Council, representative of the City, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating, or demolishing and removing any such building pursuant to these provisions, or in performing any necessary act preliminary to or incidental to such work as herein authorized or directed. It is a defense to prosecution under this division (d) that the alleged obstruction or interference consisted of constitutionally protected speech only.
(e) Any prevailing party in an action to abate a public nuisance shall be entitled to attorneys’ fees and costs, to the extent such attorneys’ fees and costs do not exceed the reasonable attorneys’ fees and costs incurred by the City. The City may limit recovery of attorneys’ fees and costs by the prevailing party to those individual actions which the City elects, at the initiation of that individual action, to seek recovery of its own attorneys’ fees and costs.
(f) Upon entry of a second or subsequent civil or criminal judgment within a two- (2-)year period finding that an owner of property is responsible for a public nuisance, except for conditions abated pursuant to California Health & Safety Code § 17980, the owner shall be liable to the City for treble the costs of the abatement.
(§ 3, Ord. 3046, eff. April 14, 2016)