Sierra Madre Municipal Code Ch. 1.14 Public Nuisances, Code Enforcement Fees and Attorney's Fees

As used in chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions in the Sierra Madre Municipal Code that conflict with this section.

A. "City" shall mean the city of Sierra Madre.

B. "Code" or shall mean the Sierra Madre Municipal Code and any code, law, or regulation incorporated therein by reference, and any adopted and uncodified ordinances.

C. "Code enforcement fees" shall mean fees imposed by the city to defray its costs of code enforcement actions, as authorized by California Government Code section 54988, California Health & Safety Code section 17951, the Sierra Madre Building Code, and any other applicable local, state, or federal law, as well as by the city's police powers as authorized by the California Constitution.

Code enforcement fees shall be equal to the actual costs, fees, and expenses (incidental or otherwise) in connection with the time and other resources that city officials (and agents thereof) expend in inspecting real properties, identifying and investigating public nuisances, and seeking or causing the abatement of a public nuisance or any other violation of any provision of this code, unless separate costs, fees, and expenses are otherwise set by council resolution.

Code enforcement fees shall include those costs, fees, and expenses resulting from the following actions in connection with public nuisances and other violations of this code: inspections of real properties and any structures thereon; taking photographs; drafting notices, letters, or other written communications; conducting or participating in meetings or conferences; and appearances before any judicial or other reviewing authority when seeking the abatement of any public nuisance or other violations of this code.

D. "Person" shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

E. "Public nuisance" or "nuisance" means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or that unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. Any condition, use, or activity that violates or is otherwise contrary to any provision of this code or any approval, license, permit, or other entitlement issued pursuant to or in accordance with this code, or that violates or is contrary to any applicable county, state, or federal law or regulation shall also constitute a public nuisance.

F. "Responsible person" means any person that causes, creates, allows, permits, suffers, or maintains a public nuisance to exist or continue within the city, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

(Ord. No. 1330, § 1, 1-14-12)

A. Prohibition. No person shall cause, create, allow, permit, suffer or maintain a public nuisance in the city.

B. Penalties. Any person who causes, permits, suffers or maintains a public nuisance in the city is guilty of a misdemeanor offense punishable in accordance with Title 1, Chapter 1.12 ("General Penalty") of this code. Any person who causes, permits, suffers, or maintains a public nuisance is also subject to an administrative fine as provided in Title 1, Chapter 1.18 ("Administrative Enforcement") of this code.

C. Continuing Offense. Each responsible person shall be guilty of a separate offense for each and every day, or part thereof, during which a public nuisance is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

D. Abatement. In addition to the penalties provided by this chapter, any public nuisance may be summarily abated by the city by all civil, administrative or equitable means as provided by law or in equity, including, but not limited to, by injunction.

E. Non-Exclusive Remedies. All remedies provided herein shall be cumulative and not exclusive.

(Ord. No. 1330, § 1, 1-14-12)

A. Responsible persons shall be charged and shall be responsible for the payment of code enforcement fees assessed by the city to defray its costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

(Ord. No. 1330, § 1, 1-14-12)

A. The prevailing party of any action, administrative proceeding, or special proceeding to abate a nuisance or to cause the abatement of a nuisance shall be entitled to recover attorney's fees. Attorney's fees shall not be recoverable unless the city elects in writing, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special 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.

B. Unpaid attorney's fees shall be collectible in any manner allowed by law.

(Ord. No. 1330, § 1, 1-14-12)