In any civil action against a person to collect any fee, service charge, utility charge, license, tax, or any other charge or obligation imposed by any provision of this Code, or to enforce any other duty or obligation imposed by any provision of this Code, if the person has failed for thirty (30) days after demand prior to the commencement of the action to make payment or otherwise perform in accordance with the applicable provisions of this Code, and it appears to the court that such refusal was without reasonable cause, the court may allow to the plaintiff a reasonable attorneys’ fee and include such fee in any judgment that may be rendered in such action. The failure of a person to defend any such action shall be deemed prima facie evidence that failure to make payment or otherwise comply was without reasonable cause.
(§ 1, Ord. 491-NS, eff. September 12, 1974)