HomeMy WebLinkAboutOrdinance 2057 N.C.S. 09/02/1997
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7 ORDINANCE NO. 2057 N.C.S.
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10 Introduced by Seconded by
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13 Pamela Torliatt Nancy Read
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17 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
18 AMENDING CHAPTER 1.15 OF THE PETALUMA MUNICIPAL CODE
19 TO PROVIDE FOR THE RECOVERY OF REASONABLE ATTORNEY'S
20 FEES INCURRED IN ABATEMENT OF A PUBLIC NUISANCE
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23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
24 FOLLOWS:
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26 Section 1. Section 1.15.050 "Form of notice" of Chapter 1,:15 of the Petaluma Municipal
27 Code is hereby amended to read as follows:
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29 11.15.050 Form of notice.
30 ORDER TO SHO~'V CAUSE RE
31 ABATEMENT OF PUBLIC NUISANCE:
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33 TO:
34 YOU ARE HEREBY NOTIFIED to appear before the City
35 Council of the City of Petaluma on the day of ,
36 19, at City Hall, Post and English Streets, Petaluma, California,
37 at the hour of p.m., or as soon thereafter as the matter can
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Ord. 2057 NCS Page 1 of 4
1 be heard, and show cause, if any you have, why that certain
2 should not be condemned
3 as a public nuisance and said nuisance be abated by its removal or
4 and why the cost of such abatement,
5 including City's reasonable attorney's fees incurred in the
6 abatement action or proceeding, should (not) be assessed upon the
7 property from which the nuisance is abated, such cost to constitute
8 alien upon such property until paid.
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10 Section 2. Section 1.15.060(B) "Hearing" of Chapter 1.15 of the Petaluma Municipal.
11 Code is hereby amended to read as follow:
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13 B. The hearing maybe continued from time to time. After final
14 action is taken by the city council on the disposition of .any
15 protests or objections which are received, the council may
16 declare, by resolution, that a public nuisance exists and may
17 order an appropriate city officer to abate the nuisance. The
18 council may further order that the cost of any such
19 abatement, including City's reasonable attorney's fees
20 incurred, will be assessed upon the property from which the
21 nuisance is abated, and that such cost shall constitute a lien
22 upon such property until paid.
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24 Section 3. Section 1.15.085 "Recovery of Attorney's fees" is hereby added to Chapter
25 1.15 of the Petaluma Municipal Code and shall read as follows:
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27 1.15.085 Recovery of Attorney's Fees.
28 If at the initiation of any action, administrative proceeding,
29 or special proceeding to abate a nuisance, the City elects to seek
30 recovery of its attorney's fees incurred in the action or proceeding,
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Ord. 2057 NCS Page 2 of 4
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1 then the prevailing party in such action or proceeding shall be
2 entitled to an award of its reasonable attorney's fees incurred;
3 provided, however, that in no event shall an award of attorney's
4 fees to a prevailing party pursuant to this section exceed the
5 amount of reasonable attorney's fees incurred by the City in that
6 action or proceeding.
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8 Section 4. Section 1.15.090 ""Cost account" of Chapter 1.15 of the Petaluma Municipal
9 Code shall be amended to read as follows:
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11 1.15.090 Cost account.
12 The officer abating the nuisance shall keep an account of the
13 cost of abatement, including City's reasonable attorney's fees, and
14 shall render an itemized written report to the city council, showing
15 the cost of removing and/or abating the nuisance.
16 Before the report is submitted to the city council, a copy
17 shall be posted for at least three days on the bulletin board of the
18 City Hall with a notice of the time when the report will be
19 submitted to the city council for confirmation. A copy of the
20 account and notice shall also be mailed to the owner of the
21 property, at the address shown on the last tax roll, at least ten days
22 prior to submission to the city council.
23 At the time fixed for receiving and considering the report,
24 the city council shall hear it and any objections by the property
25 owner liable to be assessed or against whose property a nuisance
26 abatement lien may be recorded for the work of abatement.
27 Thereupon the city council may make such modifications in the
28 report as it deems necessary, after which, by order or resolution,
29 the report shall be confirmed.
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Ord. 2057 ]1CS Page 3 of 4
1 Section 5. If any section, subsection, sentence, clause or phrase or word of this ordinance
2 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
3 shall not affect the validity of the remaining portions of this ordinance.. The City Council of the
4 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
5 and all provisions thereof irrespective of the fact that any one or more of said provisions be
6 declared unconstitutional.
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8 Section 6. The City Clerk is hereby directed to post this ordinance for the period and in
9 the manner required by the City Charter.
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11 INTRODUCED and ordered posted/i~k~d this 18th day of August , 1997.
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13 ADOPTED this 2nd day of September , 1997 by the following vote:
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15 AYES: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss
16 NOES: None
17 ABSENT: Vice Mayor Hamilton
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21 Mayor
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23 ATTEST: ~~--APPIZO--~D AST FORM:
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27 Ci~Clerk ~ t torney
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