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BACKGROUND <br /> A review of the Municipal Code a few months ago revealed the need for these proposed <br /> amendments. However, the changes are more than administrative, so the revisions <br /> were not included in the omnibus Municipal Code changes presented to you at the <br /> beginning of this year. <br /> DISCUSSION <br /> Currently the Municipal Code does not provide for the recovery of the City's attorney <br /> fees in legal and administrative proceedings to abate violations of the Code. The <br /> Code's existing provision regarding injunctive relief is limited in scope and does not <br /> authorize a Court to impose civil penalties for violations of the Code or to award <br /> reasonable attorney fees incurred in bringing litigation to enforce the Code. The <br /> proposed amendments to the Code will allow for more effective code enforcement by <br /> providing additional tools to the City Attorney's Office and Code Enforcement Officers in <br /> dealing with problem situations where other means of resolving the matters are not <br /> working. <br /> The first revision will allow for recovery of attorney fees in nuisance abatement litigation. <br /> In addition, the code amendment is drafted such that the City must elect, when it <br /> commences a nuisance action, whether or not for this provision to apply; thus, a <br /> property owner and the person responsible for the violation will be notified from the <br /> outset of legal or administrative proceedings of the possibility of being held responsible <br /> for the City's attorney fees. <br /> The second revision broadens the existing injunctive relief authorization in the Code and <br /> authorizes a court to impose a civil penalty against a party violating the Code in an <br /> amount not to exceed $1,000 per day as part of any civil complaint for injunctive relief <br /> brought by the City in nuisance abatement actions. <br /> These proposed amendments will strengthen the City's ability to administer its code <br /> enforcement efforts and recover litigation costs. <br /> Submitted by: Approved by: <br /> onathan P. Lowell 13 it an Dolan Nelson Fialho <br /> City Attorney Director of Community City Manager <br /> Development <br /> Attachments <br /> 1. Draft Ordinance <br /> 2. Government Code section 38773.5 <br /> Page 2 of 2 <br />