Alhambra Municipal Code Ch. 6.27 Recovery of Nuisance Abatement Expenses

Whenever any person creating, causing, committing or maintaining a public nuisance as referred to in § 6.26.010 of this code or other public nuisance as defined under state law, the Alhambra Municipal Code, or other ordinance, resolution or regulation has been given notice by or on behalf of the City Attorney, or by any other city officer or employee 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 com-pliance, such noncomplying person shall 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 notice.

('86 Code, § 6.27.010) (Ord. 3883, passed - - )

Costs and expenses as referred to in § 6.27.010 of this code shall include, but are not limited to, any and all direct costs and expenses related to personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses including attorney fees, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

('86 Code, § 6.27.020) (Ord. 3883, passed - - )

The provisions of this chapter shall also apply to any person who received a notice as specified in § 6.27.010 hereof and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

('86 Code, § 6.27.030) (Ord. 3883, passed - - )

The liability of any person for payment of costs and expenses provided for in this chapter may be waived, either in whole or in part, by the City Attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice as specified in § 6.27.010 hereof was based upon a good faith and bona fide issue of law or fact specially 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 to the City Council.

('86 Code, § 6.27.040) (Ord. 3883, passed - - )

Moneys due the city pursuant to this chapter 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 pro-ceedings shall be conducted in a manner substantively similar to proceedings prescribed in § 6.26.110 et seq., of this code relating to assessment for abatement of property nuisances.

('86 Code, § 6.27.050) (Ord. 3883, passed - - )