(A) In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance or to enjoin violation of any provision of this chapter, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(B) The city shall be considered a prevailing party entitled to attorneys’ fees under division (A) of this section when it can demonstrate that:
(1) Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
(2) The lawsuit was meritorious and achieved its result by “threat of victory”; and
(3) The city reasonably attempted to settle the litigation before filing the lawsuit.
(Ord. 2008-004, passed 3-10-08)