(a) Recovery authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance.
(b) A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. “Abatement” shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of state or federal law that may be enforced by the City, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.
(§ 1, Ord. 1724-NS, eff. April 19, 2024)