San Leandro Municipal Code Art. 3 Civil Action

(Legislative History: Ordinance No. 78-54, 11/6/78; Ordinance No. 81-01, 1/5/81; Ordinance No. 84-01, 1/16/84; Ordinance No. 85-034, 9/30/85; Ordinance No. 85-037, 10/21/85; Ordinance No. 86-03, 1/20/86; Ordinance No. 86-015, 6/2/86; Ordinance No. 86-040, 1/12/87; Ordinance No. 90-9, 5/7/90 (Section 1-12-310); Ordinance No. 91-023, 12/2/91 (Section 1-12-310); Ordinance No. 2002-031, 12/9/02 (Section 1-12-300); Ordinance No. 2017-013, 6/19/17 (Section 1-12-300))

The provisions of this Code may be enforced by a civil court action, prosecuted by the City Attorney in the name of the City.

(a) Whenever the City Attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any provision of this Code, or any rule, regulation or order promulgated or issued pursuant to this Code, or any condition of an approval, permit or license granted pursuant to this Code, or to enforce any provision of any contract or agreement, or to enjoin or restrain any violation thereof, or to otherwise abate a public nuisance or collect any sums of money on behalf of the City, then the City shall be entitled to collect all costs and expenses of the same, including, without limitation, reasonable attorney's fees and the reasonable investigation costs, which shall be set by the court and made a part of and judgment in any such action or proceeding.

(b) Upon entry of a second or subsequent civil judgment against the same property owner within a two year period for a condition of real property constituting a public nuisance under this Chapter, the court issuing judgment may order the owner to pay treble the cost of the abatement.

(c) Any costs awarded to the City under this section may be enforced and collected upon in the manner described in Section 1-12-600, below.