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The prevailing party in any action, including but not limited to administrative proceeding, court case, or special proceeding, to abate a nuisance shall recover attorneys' fees if the Director elects, at the initiation of the action, to seek recovery of attorneys' fees and provides notice of such intention to the Responsible Party. In no action shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City.
(Added by Ord. 299-10, File No. 101062, App. 12/3/2010)
It shall be unlawful for any person, firm or corporation engaged in the business of manufacturing illuminating gas to cause or permit any gas, tar, or refuse to be deposited in any public waters or sewer, or public street or place; or to permit any gas, dangerous or prejudicial to health, to escape from any gas works or pipes; or to manufacture illuminating gas of such ingredients or quality that in the process of burning such gas or anything escaping therefrom shall be dangerous or prejudicial to life or health.
Every person, firm or corporation engaged in the manufacture of illuminating gas must use the most approved methods to prevent the escape of odors.
The Director is hereby authorized to give notice to every Owner of a vacant lot in the City and County of San Francisco advising the Owners to contact the Director should the Owners wish to dedicate their properties to alternative uses, including but not limited to urban gardens and park space.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)
Subject to the limitations of due process and applicable requirements of State and federal law, and notwithstanding any other provision of this Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)
(a) The degree of protection required by this Article is considered reasonable for regulatory purposes. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Article or any administrative decision lawfully made pursuant to this Article.
(b) In undertaking the implementation of this Article, the City and County of San Francisco is assuming an undertaking only to promote the public health, safety, and general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(c) Except as otherwise required by State or federal law, all inspection specified or authorized by this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)