A. If, after any notice and order has become final or order of the hearing examiner on appeal is made pursuant to this chapter the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order, the department head may, without further notice:
1. Cause such person(s) to be prosecuted;
2. Institute any appropriate action to abate the conditions which constitute a public nuisance;
3. Issue an administrative penalty order pursuant to Section 1.28.010 of this code.
B. Attorney's Fees. Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney's fees, provided that, pursuant to Section 38773.5, attorney's fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney's fees. (Ord. 2000-017 § 4(a)(18); prior code § 61.07.702)