(a) The City Attorney may enforce the provisions of this Article 26 through a civil action in any court of competent jurisdiction.
(b) The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate or remove any nuisance described in this Article 26, to restrain any Responsible Party from taking any action contrary to the provisions of this Article or to require any Responsible Party to take action to comply with the provisions of this Article or an order by the Director to remove and appropriately dispose of material illegally dumped on Public Property.
(c) In any civil court action brought by the City Attorney to enforce this Article 26 in which the City succeeds in obtaining any order from the court, the City shall be entitled to recover from any and all Responsible Parties all of its Costs of investigation, enforcement, abatement, and litigation.
(1) The City shall be entitled to recover civil penalties from each and every Responsible Party in an amount that is not less than twice the amount of the City’s abatement Costs. The City’s abatement Costs shall include any personnel, equipment, and other charges incurred by the City related to the investigation, abatement, clean-up, removal, and/or containment of Prohibited Materials dumped on Public Property. This civil penalties provision is designed to compensate the City for any costs it incurred to investigate and abate the unlawful acts of any Responsible Party and for the ancillary health hazards and inconveniences caused to the City and its residents, rights-of-way blocked, traffic delays or detours, and any personal or business difficulties suffered from the maintenance of illegally dumped materials on Public Property.
(2) The Prevailing Party in any court action to abate a nuisance pursuant to this Article 26 shall be entitled to reasonable attorneys’ fees.
(d) Nothing in this Article 26 shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law.
(e) Nothing in this Article 26 shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution or civil enforcement action under the Municipal Code or state law. Jeopardy shall not attach as a result of any court action to abate a nuisance pursuant to this Article.