§ 1-1-25. Recovery of expenses for abatement of nuisances.

(a)

Whenever any person creating, causing, committing or maintaining a public nuisance as referred to in section 1-1-24, or other public nuisance as defined under state law or other ordinances or regulations, has been given notice by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses or neglects to comply with the notice within the time specified therein, or, if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses involved in the abatement of the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within the notice.

(b)

Costs and expenses as referred to in subsection (a) of this section may include but are not limited to any and all direct costs and expense related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due under this section.

(c)

The provisions of subsection (a) of this section shall also apply to any person who received a notice and, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d)

The liability of any person for the payment of the costs and expenses provided for in subsection (a) of this section may be waived in whole or in part by the city attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice was based upon a good faith reliance upon an issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in division 2 of title 2.

(e)

Money due to the city pursuant to this section may be recovered in an appropriate civil action or by special assessment proceedings against the parcel of land upon which the nuisance existed, conducted substantially in accordance with Government Code § 39574 et seq. relating to weed abatement assessments.

(Ord. No. 89-4, § 1(1.01.260), 12-1-89)

Cross reference

Nuisances, § 11-14-1 et seq.