HomeMy WebLinkAboutOrdinance 530CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 530, adopted by the
Atascadero City Council at a regular meeting thereof held on April 22, 2008, and that it has been
duly published pursuant to State Law.
n
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING SECTION 12-1.06 AND
ADDING SECTION 12-1.08 OF TITLE 12, CHAPTER 1 OF THE
ATASCADERO MUNICIPAL CODE PERTAINING TO
ATTORNEYS' FEES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to
enact and enforce ordinances that regulate conditions which may be public nuisances or health
hazards, or that promote social, economic or aesthetic considerations; and,
WHEREAS, California Government Code section 38773.5 authorizes cities to pass
ordinances that provide for the recovery of attorneys' fees in any action, administrative
proceeding, or special proceeding to abate a nuisance; and,
WHEREAS, California Government Code section 38773.5 requires that any such
municipal ordinance provide for the recovery of attorneys' fees by the prevailing party; and,
WHEREAS, the Atascadero Municipal Code does not expressly use the term "prevailing
party" in providing for attorneys' fees in civil nuisance abatement actions and is silent regarding
attorneys' fees in administrative and special proceedings to abate public nuisances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
ow HEREBY ORDAINS AS FOLLOWS:
SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and
finds that this amendment and addition to the Municipal Code are necessary to ensure that the
Municipal Code complies with Government Code section 38773.5 when providing for the
recovery of attorneys' fees in nuisance abatement actions.
SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends Title
12, Chapter 1 of the Municipal Code as follows:
Section 12-1.06 of the Atascadero Municipal Code is amended to read as follows:
Section 12-1.06 Civil action.
The City Attorney, by and at the request of the City Council or City staff, may institute
an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Code, as provided by law. In
any civil action commenced by the City to abate a public nuisance, to enjoin violation of
any provision of this Code, or to collect a civil debt owing to the City, the City shall be
entitled to recover from the defendant in any such action all costs incurred therein,
including reasonable attorneys' fees and costs of suit, subject to section 12-1.08 of this
Code.
City of Atascadero
Ordinance No. 530
Page 2 of 2
Section 12-1.08 of the Atascadero Municipal Code is added to read as follows:
Section 12-1.08 Attorneys' fees.
In any action, administrative proceeding, or special proceeding brought to abate a public
nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that
attorneys' fees will only be available in those actions or proceedings in which the City has
provided notice at the commencement of such action or proceeding that it intends to seek
and recover its own attorneys' fees. In no action or proceeding will an award of attorneys'
fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or
proceeding.
SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before
the expiration of fifteen (15) days after its final passage, in the Atascadero News. A copy of the
full text of this ordinance must be on file in the City Clerk's Office on and after the date
following introduction and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on March 25, 2008, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on April 22,
2008, by the following roll call vote:
AYES: Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Marcia McClure Torgerson, C.M. ,
City Clerk
APPROVED AS TO:
Brian Pierik, City Attorney
CIT C ERO
Mi Brennler, Mayor