§ 1605.

* ENFORCEMENT – INJUNCTIVE RELIEF, CIVIL PENALTIES, COSTS, AND ATTORNEYS’ FEES

a.

The City Attorney may enforce the provisions of this Article through a civil action in any court of competent jurisdiction.

b.

The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate or remove any nuisance described in this Article, to restrain any Responsible Party from taking any action contrary to the provisions of this Article or to require any Responsible Party to take action to comply with the provisions of this Article or an order by the Director to remove and appropriately dispose of material illegally dumped on Public Property.

c.

In any civil court action brought by the City Attorney to enforce this Article in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all Responsible Parties all of its costs of investigation, enforcement, abatement, and litigation.

1.

The City shall be entitled to recover civil penalties from each and every Responsible Party in an amount that is not less than twice the amount it cost the City to abate the nuisance. Costs to the City to abate the nuisance shall include any personnel, equipment, and other charges incurred by the City related to the investigation, abatement, clean-up, and/or containment of Debris and Waste Construction Materials, industrial materials, or more than 100 pounds of any other waste, refuse, or debris dumped on Public Property. This civil penalties provision is designed to compensate the City for any costs it incurred to investigate and abate the unlawful acts of any Responsible Party and for the ancillary health hazards and inconveniences caused to the City and its residents, rights of way blocked, traffic delays or detours, and any personal or business difficulties suffered from the maintenance of illegally dumped materials on Public Property.

2.

The Prevailing Party in any court action to abate a nuisance pursuant to this Article shall be entitled to reasonable attorneys’ fees.

d.

Nothing in this Article shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law.

e.

Nothing in this Article shall be interpreted as restricting, precluding or otherwise limiting a separate or concurrent criminal prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result of any court action to abate a nuisance pursuant to this Article.

History

(Added by Ord. 73-11, File No. 110222, App. 5/5/2011, Eff. 6/4/2011)

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