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ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING THE MUNICIPAL CODE TO AUTHORIZE RECOVERY OF ATTORNEY FEES IN LEGAL AND ADMINISTRATIVE PROCEEDINGS AND TO CLARIFY INJUNCTIVE RELIEF LANGUAGE, INCLUDING RECOVERY OF CIVIL PENALTIES FOR NON COMPLIANCE THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.04 (General Provisions) of Title 1 (General Provisions) of the Pleasanton Municipal Code is hereby amended by the addition of new Section 1.04.110 (Recovery of Attorney Fees) to read as follows: 1.04.110 Recovery of Attorney Fees. (a) In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its reasonable attorney fees pursuant to Government Code § 38773.5. Recovery of attorney fees shall be limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. An award of attorney fees to a prevailing party shall not exceed the amount of reasonable attorney fees incurred by the City in any legal action, administrative proceeding or special proceeding. (b) If any person causes, suffers, maintains or permits a public nuisance to continue after written notice is given to such person by the City, directing such person to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such person shall be liable to the City for the expenses incurred in detecting, investigating and abating the violation, including attorney fees and the costs of monitoring compliance. SECTION 2. Section 1.16.010 (Injunctive Relief) of Chapter 1.16 (Injunctive Relief) of Title 1 (General Provisions) of the Pleasanton Municipal Code is hereby amended to read as follows: 1.16.010 Injunctive Relief— Civil Penalty for Code Violations. (a) In addition to all other remedies and penalties available under this chapter, under other sections of this Code or of any ordinance of the City of Pleasanton may be enforced by injunction issued by the Superior Court upon a suit brought by the City. In any such action, civil penalties may also be sought by the City, as specified in subsection (b) of this section. (b) Any person who violates or fails to comply with any provision of this Code or who any ordinance of the City is liable for a civil penalty not to exceed one thousand dollars for each day, or part thereof, such violation or failure to comply occurs. (c) The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to seek injunctive relief and recover the civil penalties authorized by this section.