HomeMy WebLinkAbout2008-03-11 - ORDINANCES - MUNICODE AMEND ABATE EXPENSES (2)ORDINANCE NO. 08-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING SECT ION 1.01.260 OF TITLE 1,
CHAPTER 1. 0 1 OF THE SANTA CLARITA MUNICIPAL CODE REGARDING
NUISANCES: RECOVERY OF ABATEMENT EXPENSES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Section 1.01.260 of the Santa Clarita Municipal Code is hereby
amended to read as follows:
A. Whenever any person creating, causing, committing, or maintaining a public
nuisance, as referred -to in Section 1.01.250 of this chapter, or other public nuisance,
as defined under State law or other ordinance of regulation, 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 who was given notice
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 may be liable to the City for any and all
costs and expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with or enforcing the law as referred to or encompassed in the
said notice. In any action or proceeding in which the City elects, at the initiation of
that individual action or proceeding, to seek recovery of its own attorneys' fees and
costs, the prevailing party in any such civil action or proceeding wilt, be, entitled to the
recovery of its reasonable attorneys' fees and costs incurred in such action or
proceeding.
B. Costs and expenses, as referred to in subsection A of this sectioii may include, but are
not limited to, any and all direct costs and expense relatedl.-to �i�qh thlng§ 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 hereunder.
C. The provisions of subsection A of this section shall also apply to any person who
received a notice, as specified therein, and thereafter the nuisance or violation was
abated, but such person 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
I . subsection A of this section may be waived in whole or in part by the City Attorney in
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any case wherein he determines, in his sole discretion,. that the failure of refusal of
such persons to comply with the notice therein involved was based upon a good faith
and bona fide issue of law or fact specifically 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 Chapter 2.04 of
Title 2 of this code.
E. Moneys due to the City pursuant to this section may be recovered in an appropriate
civil action. Alternatively, such liability may be enforced by special assessment
proceedings against the parcel of land upon which the nuisance existed, which
proceedings may be conducted in a manner substantively similar to proceedings
described in Sections 39574 et seq. of the Government Code of the State relating to
weed abatement assessments.
SECTION 2. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required -by law.
PASSED, APPROVED AND ADOPTED this 1 Ith day of March, 2008.
ATTEST:
CITY CLERK,',
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'fAYOR
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 08-3 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of February, 2008. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 11 th day
of March, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Weste, Ferry, McLean, Boydston, Kellar
None
None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08-3 and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
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CITY CLERK
Dated
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
CERTIFICATION OF
CITY COUNCIL ORDINANCE
1, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 08-3, adopted by the City Council of the City of
Santa Clarita, CA on March 11, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
) 20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Caputo
Deputy City Clerk
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