Hesperia Municipal Code Art. V Civil Enforcement Procedures

A. Commencement of Action. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the city may commence a civil action against the responsible person in the California court of competent jurisdiction to prevent, restrain, correct or abate the code violation or public nuisance and to recover enforcement and abatement costs, attorney fees, as well as any other damages and relief to which the city may be entitled.

B. Notice of Pendency. Upon the commencement of a civil action, the city may record a notice of pendency of action in each case where the code violation or public nuisance affects the real property owned, leased, or possessed by the responsible party. In the event the city elects to record a notice of pendency of action, then such notice shall comply with the requirements of California Health and Safety Code Section 17985.

C. Relief Sought. The city may seek any order or judgment from the court against the responsible person that is reasonably likely to prevent, restrain, correct or abate the code violation or public nuisance or to compensate the city therefore including, but not limited to, any and all of following:

1. Injunctive relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions to restrain and enjoin the responsible person from causing, permitting or continuing a public nuisance, from using or occupying any real property, buildings, dwellings or structures in violation of the code, from engaging in specified actions which are reasonably likely to lead to a violation of the code, or from any act or omission which threatens or endangers the public health, safety or welfare;

2. Orders requiring the correction of a code violation or abatement of a public nuisance by repairing, rehabilitating, razing, demolishing or removing any building or structure, or by grading, clearing, grubbing or cleaning any real property by removing trash and debris, by ceasing any use or activity that is in violation of the provisions of this code or by other appropriate remedy approved by the court;

3. Judgments for recovery of damages incurred by the city, awards of enforcement costs and any abatement costs, and reasonable attorneys' fees incurred by the city related to the code violation or public nuisance, and for such other and further relief as the court may grant.

(Ord. 2001-6 Exh. A (part), 2001)

A. The city shall be entitled to recover from each responsible person, upon entry of an order or judgment against said person for a code violation or public nuisance, its enforcement costs and any abatement costs, in an amount approved by the court, incurred by the city related to the code violation or public nuisance.

B. Upon entry of each subsequent civil order or judgment within a one year period, finding that the responsible person was responsible for the code violation or public nuisance, the court may order the responsible person to pay treble damages to the city equal to three times amount of the enforcement and abatement costs incurred by the city related to the code violation or public nuisance.

C. Pursuant to California Government Code Section 38773.5.(b), where the city makes a demand for the recovery of its attorneys' fees at the initiation of a civil action commenced by the city under this chapter, the prevailing party in said action shall be entitled to recovery of that party's attorneys' fees in an amount not to exceed the amount of reasonable attorneys' fees incurred by the city in said action.

(Ord. 2001-6 Exh. A (part), 2001)