HomeMy WebLinkAboutOrdinance #4115 ORDINANCE NO. 4115
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW
SECTION 1.16.100 THEREOF RELATED TO ATTORNEYS' FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That the Huntington Beach Municipal Code is hereby amended by adding
new Section 1.16.100 entitled "Public Nuisance Abatement; Recovery of Attorneys' Fees
Authorized" to read as follows:
1.16.100 Public Nuisance Abatement; Recovery of Attorneys' Fees Authorized.
(a) Public nuisance abatement. In addition to the penalties provided in this Code,
any condition caused or permitted to exist in violation of any of the provisions of
this Code, uniform or adopted codes, or any provision of state or federal law that
may be enforced by the City, shall be deemed a public nuisance and may be, by
this City, summarily abated as such by filing criminal or civil actions, and each
day such condition continues shall be regarded as a new and separate offense.
(b) Recovery of attorneys' fees 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 or administrative proceeding. A
judicial action includes, but is not limited to, any civil or criminal 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 or other codes,
as specified herein, 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.
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16-5359/141350/PD
ORDINANCE NO. 4115
SECTION 2. That this Ordinance shall become effective thirty(30)days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on September 06, , 2016.
Mayor
ATT T: � APPROVED A O M:
City Clerk City Xthorney
REVI D APPROVED: cINITIATED PROVED:
Cit 4fglr City/Attorney
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I6-5359/141350/PD
Ord. No. 4115
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on August 15, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 6, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on September 15,2016. ®p
In accordance with the City Charter of said City. (�
Robin Estanislau. City Clerk City Clerk and ex-officio Clerk
Senior Deputv City Clerk of the City Council of the City
of Huntington Beach, California