South San Francisco Municipal Code Art. IV Cost Recovery

This section establishes procedures for the recovery of administrative costs, as well as attorneys fees and costs, incurred by the city in the enforcement process, for the abatement of conditions defined as a nuisance by Section 8.54.070 and Section 8.54.080. Costs shall only be recoverable only when the city has actually abated the violation.

(Ord. 1240 § 2, 1999)

For the purposes of this chapter, “costs”

means administrative costs, including staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, reports, telephone contracts, correspondence and meetings with affected parties, the costs of any appeal hearing (including staff time necessary to prepare for and attend an appeal hearing), any reinspections required to determine or confirm that compliance has been achieved, production of all staff reports, rehabilitation or repair of said property, environmental tests or measurements that are deemed necessary or appropriate by the code enforcement officer, third party inspection(s) or consultant services as deemed necessary by the city, as well as all attorneys’ fees for the prevailing party in an administrative or court action incurred pursuant to abatement proceedings, including but not limited to filing fees and fees for witnesses, and the actual costs of abating the violation. The prevailing party shall be entitled to recovery of its attorneys’ fees from the other party only if, at the outset of the action, the city elects to recover its attorneys’ fees. Any recovery of attorneys’ fees pursuant to this section shall be subject to the terms and conditions set forth in subdivision (b) of Government Code Section 38773.5 and any successor statutes thereto.

(Ord. 1240 § 2, 1999; Ord. 1387 § 1, 2007; Ord. 1413 § 1, 2009)

The city shall maintain records of all costs incurred by responsible city departments associated with the enforcement process pursuant to this chapter and shall recover the costs from the property owner as provided by this section.

(Ord. 1240 § 2, 1999)

The fire chief shall include in the first violation notice, a statement of the intent of the city to charge the property owner for all costs incurred by the city if the violation is not corrected as required. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.

(Ord. 1240 § 2, 1999)

Such costs shall be recoverable as described in Sections 8.54.300 through 8.54.305.

(Ord. 1240 § 2, 1999)