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(A) In addition to the other remedies of this chapter the city attorney is authorized to:
(1) Commence a civil action in the superior court to enforce all or any of the provisions of any abatement order;
(2) Commence a civil action, including seeking a receivership, to abate a public nuisance as an alternative to, or in conjunction with, an administrative proceeding pursuant to this chapter.
(B) In any civil action, administrative or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys’‘ fees; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(Ord. No. 2919)
ARTICLE X. SHOPPING CARTS
The city council finds and declares that the accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property reduces property values, promotes blight and deterioration, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is aesthetically displeasing and injurious to the health, safety and general welfare of the community. Therefore, the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(`64 Code, Sec. 19-70.1) (Ord. No. 2380)
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