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03 <br /> THE CITY OF <br /> pL'EASANTONe CITY COUNCIL AGENDA REPORT <br /> October 18, 2011 <br /> Community Development and Law Departments <br /> TITLE: ORDINANCE AMENDING MUNICIPAL CODE TO AUTHORIZE <br /> RECOVERY OF ATTORNEYS FEES IN NUISANCE ABATEMENT <br /> PROCEEDINGS AND TO CLARIFY INJUNCTIVE RELIEF LANGUAGE, <br /> INCLUDING RECOVERY OF CIVIL PENALTIES FOR NON <br /> COMPLIANCE <br /> SUMMARY <br /> Currently the Municipal Code does not provide for the recovery of the City's attorneys <br /> fees in nuisance abatement proceedings. The Code's existing provision regarding <br /> injunctive relief is limited in scope and does not authorize a court to award attorney fees <br /> or impose civil penalties in litigation brought for violations of the Code. The proposed <br /> amendments to the Code will allow for more effective code enforcement by providing <br /> additional tools in dealing with problem situations where voluntary abatement of Code <br /> violations cannot be achieved. <br /> RECOMMENDATION <br /> Waive the first reading and introduce the attached ordinance amending the Municipal <br /> Code to authorize recovery of attorney fees in legal and administrative proceedings and <br /> to clarify injunctive relief language, including recovery of civil penalties for non <br /> compliance. <br /> FINANCIAL STATEMENT <br /> The proposed amendments to the Code should result in decreased costs to the City if <br /> City Attorney's Office attorney staff time and outside counsel costs can be recouped. <br />