HomeMy WebLinkAboutItem 6.1 AmendDublinMuniCode (2) CTTY cLERK
File #660-10
AGENDA STATEMENT
CI'TY COUNCIL MEETTNG DATE: JUNE 15, 1999
SUBJECT:
Public Hearing: Amendment to Dublin Municipal Code
to Provide for Recovery of Attorneys' Fees for Nuisance
Abatement (Report prepared by Elizabeth H. Silver, City
Attorney)
ATTACHMENTS:
Proposed Ordinance Adding Sections 1.04.070
and 1.04.080 to Dublin Municipal Code
RECOMMENDATION: 1 Open public hearing
Receive Staff report and public comment
Question Staff and the public
Close public hearing and deliberate
Waive reading and ADOPT Ordinance adding
Sections 1.04.070 and 1.04.080 to the Dublin
Municipal Code to provide for recovery of
attorneys' fees for nuisance abatement
FINANCIAL STATEMENT: The ordinances would allow the City to recover
'attorneys' fees in certain nuisance abatement actions. ,
DESCRIPTION: This ordinance (Attachment 1)' which was introduced at the City CoUncil sJune
1~t
meeting, would add Section 1.04.070 to the Code. This section would provide for the recovery of I
reaSonable attorneys' fees for the prevailing party in "any action, administrative proceeding, or special
proceeding to abate a nuisance." The City's authority to adopt this ordinance is found in the 1996.
amendment to Government Code section 38773.5. This new section would apply to any future effort by
the City to abate the nuisance condition~-;n~'~4'~'~~,'~~:~l'ministrative abatement,
judicial abatement, or civil injunction. The recovery of attorneys' fees will reduce the expense to the
City's general fund generated by code enforcement efforts. Language is included to limit the applicability
of this section to those situationswhere~theCity elects to seek recovery of its attorneys' fees. This
protects the City from an award of attorneys' fees to the property owner, if he or she prevails; the City
will be able to elect this option only when it feels confident it will prevail.
The proposed ordinance would also add Section 1.04.080 to the Code. This section would providd for the
recovery of treble damages where a property owner is found responsible by a court for nuisance
Conditions more than_pncg, ip..~.~?year period. The City's authority to adopt this ordinance is found in
Government Code section. 38773..7~ .,UMer ~hi~.~.~.~p~ the property owner must pay the City thre~ times
the cost of abatement. This section contains an eXCeption for Health and Safety Code section 1798~)~
which regulates abatement of subst .and~d bpi!dings.
Recommendation:
Staff recommends that the C0pnc..~ ~p~.g~[3 public hearing, deliberate, waive the reading and adopt the
Ordinance.
COPIES TO:
ITEM NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING SECTIONS 1.04.070 AND 1.04.080
TO THE DUBLIN MUNICIPAL CODE
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 proceeding
In any action, administrative proceeding, or special proceeding initiated by the City to abate.
· nuisance, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees by the preva
party is limited to those individual actions or proceedings in which the City elects, at the initiation ot
individual action or proceeding, to seek recovery of its own attorneys' fees. The award of attorneys
to the prevailing party shah in no circumstances exceed the amount of reasonable attorneys' fees inc
by the City in the action or proceeding.
~ling
'that
fees
trred
SECTION 2. Section 1.04.080 of the Dublin Municipal Code to read as follows:
1.04.080 Recovery of treble damages upon second or subsequent judgment findin
property owner responsible for nuisance conditions.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period fir.ding
that a property owner is responsible for a condition which may be abated as a nuisance, the court mEby
order the property owner to pay treble (three times) the cost of abatement. This section shall not al: ply 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 pas,, ge.
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 Califomia~
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15~ day of
June, 1999, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Pro Tempore
ATTEST:
City Clerk
I:\WPD~I 1 &01 \OIID\1999~.TrY&TRE.504EHS:KRB xJa
K2/G/6-15-99/ord-attyfees
Attachment 1