HomeMy WebLinkAboutOrd 18-99 Recover Atty FeesORDINANCE NO. 18- 99
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING SECTIONS 1.04.070 AND 1.04.080
TO THE DUBLIN MUNICIPAL CODE
(RECOVERY OF ATTORNEYS' FEES FOR NUISANCE ABATEMENT)
The City Council of the City of Dublin does ordain as follows:
SECTION 1. Section 1.04.070 is added to the Dublin Municipal Code to read as follows:
1.04.070 Recovery of attorney fees for nuisance abatement actions or proceedings.
In any action, administrative proceeding, or special proceeding initiated by the City to abate a
nuisance, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees by the prevailing
party is limited to those 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. The award of attorneys' fees
to the prevailing party shall in no 'circumstances exceed the amount of reasonable attorneys' fees incurred
by the City in the action or proceeding.
SECTION 2. Section 1.04.080 ofthe Dublin Municipal Code to read as follows:
1.04.080 Recovery of treble damages upon second or subsequent judgment finding
property owner responsible for nuisance conditions.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding
that a property owner is responsible for a condition which may be abated as a nuisance, the court may
order the property owner to pay treble (three times) the cost of abatement. This section shall not apPly to
conditions abated pursuant to section 17980 of the California Health and Safety Code.
SECTION 3. Posting and Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The
City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15th day of
June, 1999, by the following vote:
AYES:
NOES:
ABSTAIN: Mayor Houston
ABSENT: None
J:\WPDXaMNRSWM 14\01 \ORD\ 1999XATrY&TRE.504EHS:KRB:rja
K2 /G/6-15-9 9/o rd-a ttyf e e s
Councilmembers Howard, McCormick, Zika, and Mayor Pro Tempore Lockhart
None
Mayor Pro Tempore