Lassen County Municipal Code Ch. 1.35 Indemnification

This chapter is enacted to ensure the taxpayers of the county of Lassen do not pay legal costs associated with private projects.

Judicial challenges to the county's discretionary approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.

(Ord. 2023-06 § 3)

(a) As a condition for a land use entitlement and/or issuance of any discretionary development permit (hereafter referred to as "project"), an owner or applicant shall provide an executed indemnity agreement that obligates an owner or applicant to defend, indemnify, and hold harmless (including legal fees and costs) Lassen County and its agents, officers, and employees from and against any and all claims, actions, or proceedings against Lassen County and its agents, officers, and employees including, but not limited to, efforts to attack, set aside, void, or annul the project or any prior or subsequent development approvals regarding the project or project condition imposed by Lassen County or any of its agencies, departments, commissions, agents, officers or employees concerning the said project, or to impose personal liability against such agents, officers or employees resulting from their involvement in the project, including any claim for private attorney fees claimed by or awarded to any party from Lassen County.

(b) Any condition of approval requiring an indemnity agreement may be appealed pursuant to the Lassen County appeals procedures.

(c) The indemnification agreement required by this Section shall be executed on a form approved as to legal form by Lassen County counsel.

(Ord. 2023-06 § 3)

The involved applicant, property owner or permittee automatically and as a provision of Lassen County code, agrees to indemnify, and holds harmless (including legal fees and costs) Lassen County and its agents, officers, and employees from and against any and all claims, actions, or proceedings against Lassen County or its agents, officers, or employees related to any decision, determination or permit made or issued by the director of the planning and building services department.

(Ord. 2023-06 § 3)

In the event of any claim, action, or proceeding against Lassen County as described in this chapter, Lassen County shall promptly notify the owner, applicant or permit holder of such claim, action, or proceeding and Lassen County shall fully cooperate with the owner, applicant or permit holder in the defense of the action.

(Ord. 2023-06 § 3)