§ 1-12 RECOVERY OF ATTORNEY'S FEES

a. In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its reasonable attorney's fees pursuant to Government Code § 38773.5. Recovery of Attorney's 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's fees. An award of attorney's fees to a prevailing party shall not exceed the amount of reasonable attorney's 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's fees and the costs of monitoring compliance. The City may recover such costs by civil action or by billing said person. The City may also recover such costs by special assessment lien if the violation relates to real property.