HomeMy WebLinkAboutOrd 2017-3398ORDINANCE NO. 33.398
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.140 TO
SPECIFY THAT ATTORNEYS' FEES MAY BE RECOVERED
BY THE PREVAILING PARTY IN NUISANCE ABATEMENT
PROCEEDINGS WHEN THE CITY, AT THE OUTSET OF AN
ACTION OR PROCEEDING; ELECTS TO RECOVER ITS
OWN FEES
WHEREAS, California Government Code section 38773.5 authorizes a city to pass an
ordinance providing for the recovery of attorneys' fees by the prevailing party in any action,
administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, California Government Code section 38773.5 also permits that such
ordinance may limit recovery of attorneys' fees by the prevailing party to those individual
actions or proceedings in which the city elects, at the beginning of that individual action or
proceeding, to seek recovery of its own fees; and
WHEREAS, it is in the interest of the City of Chula Vista to amend the Chula Vista
Municipal Code to specify that the prevailing party in a nuisance abatement action or proceeding
may recover attorneys' fees only when the City has elected to seek recovery of its own attorneys'
fees at the initiation of that individual action or proceeding.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 1, Section 1.41.140 of the Chula Vista Municipal Code regarding cost
recovery in nuisance abatement actions and proceedings is amended to read as follows:
1.41.140 Cost recovery.
A. Pursuant to Government Code Section 38773, costs and penalties that may be recovered and
enforced against responsible parties under this chapter include, but are not limited to, the
following:
1. City's direct cost for abatement of nuisances, together with applicable overhead;
2. Costs of salary and applicable overhead of those city employees and contract personnel
involved in the investigation, enforcement and remediation or abatement of a
nuisance:
3. City costs for equipment use or rental;
4. Court costs and witness fees:
5. Costs of geotechnical, engineering and other technical services and studies;
Ordinance No. 3398
Page No. 2
6. Administrative fines and civil penalties imposed pursuant to this chapter;
7. Re -inspection fees pursuant to CVMC 1.41.060;
8. Costs of monitoring programs necessary for correcting, monitoring, abating or
mitigating nuisances and violation;
9. Any other fee, cost or expense reasonably and rationally related to the city's
enforcement efforts to abate a nuisance or correct a violation of this code or
applicable state law;
10. Treble damages recoverable pursuant to Government Code Section 38773.7 (See
CVMC 1.41.160(C)). (Ord. 2718 § 3,1998).
B. Attorneys' fees may be recovered by the prevailing party only in individual actions or
proceedings in which the City elects, at the initiation of that individual action or proceeding, to
seek recovery of its own attorneys' fees. If the City does not elect, at the initiation of an
individual action or proceeding, to seek recovery of its own attorneys' fees, no other party shall
seek or recover attorneys' fees.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law. {
Presented by
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Glen' R. Go gins U U
City tto y
Approved as to form by
Glen R. Goog-
ity Attomy
Ordinance No. 3398
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of April 2017, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna R. Norris, C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
rlw�','as, Mayor
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3398 had its first reading at a regular meeting held on the 21 st day of March 2017
and its second reading and adoption at a regular meeting of said City Council held on the 4th day
of April 2017; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
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'Dat'td Donna R. Norris. t M' - City Clerk