Berkeley Municipal Code Ch. 1.26 Violations Declared Public Nuisance

A. Violations of all City ordinances and codes which relate to the use of land and buildings, the construction and alteration of buildings, the maintenance and habitability of housing, fire safety, public health and environmental health, and which result in a physical change to land or buildings, are hereby declared to be public nuisances. In addition, violations of City ordinances regulating noise are hereby declared to be public nuisances.

B. In addition to any other remedies or penalties which may be available, any violation described in the preceding paragraph shall be subject to abatement by the City, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by an injunction issued by the Superior Court in a civil action, based upon a showing by the City that said violation exists.

C. Notwithstanding any provision in this code to the contrary, this section does not define the term "nuisance" as it is used in, or for purposes of, Code of Civil Procedure Section 1161(4). (Ord. 7080-NS § 1, 2009; Ord. 6660-NS § 1, 2001; Ord. 6297-NS § 2 (part), 1995)

The City Attorney is authorized to initiate civil actions to remedy public nuisances as defined in this chapter as may be permitted by law. (Ord. 7080-NS § 2, 2009; Ord. 6297-NS § 2 (part), 1995)

A. In addition to any other remedy or penalty which may be available, any person who is found by any court of competent jurisdiction to have committed three wilful violations described in Section 1.26.010.A within any twelve-month period, shall be subject to a fine of ten thousand dollars. An additional fine of ten thousand dollars shall be assessed for each succeeding violation adjudged to have occurred within the same twelve-month period.

B. For purposes of this chapter only, a continuing violation shall be deemed a single violation.

C. The fines established by this section shall be awarded upon entry of judgment in any civil action initiated pursuant to this chapter. (Ord. 6297-NS § 2 (part), 1995)

In any civil action filed pursuant to this chapter, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided, that, pursuant to Government Code Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. (Ord. 7173-NS § 1, 2011; Ord. 6297-NS § 2 (part), 1995)