(A) The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, Municipal Code, or other violation of law is corrected by the property owner or other responsible party.
(B) The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.
(C) For purposes of this chapter, the following additional definitions shall apply:
(1) ABATEMENT COSTS include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city.
(2) ENFORCEMENT COSTS include all actual and reasonable costs incurred by the city to enforce compliance with the Municipal Code and any applicable state, county, or city public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or state or county law violations, and reasonable attorneys' fees related to these activities.
(3) RESPONSIBLE PARTY means a person or entity responsible for creating, causing, committing, contributing to, or maintaining the violation of this chapter or state or county law, or any person or entity that owns, occupies, leases, manages, or maintains the property on which the violation has taken place.
(4) SUBJECT PROPERTY means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter.
(D) In any action, administrative proceeding, or special proceeding to abate a nuisance under this chapter, the prevailing party shall be entitled to recover attorneys' fees. Recovery of attorneys' fees by the prevailing party may be limited to individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. 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.
(Ord. 2024-003, passed 8-27-24)