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25I - AGMT - SPECIAL LEGAL SRVS
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25I - AGMT - SPECIAL LEGAL SRVS
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Last modified
6/12/2014 3:55:15 PM
Creation date
6/12/2014 3:01:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
25I
Date
6/17/2014
Destruction Year
2019
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Cost recovery is one of out primary specialties. We helped cities develop and successfully <br />implement cutting -edge cost recovery procedures that ensure clients recover as much of their <br />attorneys' fees, court costs and staff costs as possible. We do this by drafting and helping staff <br />implement ordinances that maximize recovery of fees and costs incurred in every nuisance <br />abatement action, whether the abatement takes the form of a criminal, civil, administrative or self - <br />help. <br />In addition, we consider cost recovery as a component in providing advice to our clients <br />regarding enforcement strategy, and then implement those strategies during the enforcement action <br />to guarantee the agency will be in the best position possible to recover all of its expenses. <br />Often, following an abatement by judicial, administrative or other action, the strategy calls <br />for an administrative hearing to confirm the agency's costs and fees. Once confirmed, those <br />expenses are recovered via an array of remedies, including nuisance abatement liens, special <br />assessments, wage gamishments, attachments, and recovery agreements. We also effectively utilize <br />lis pendens and other title clouding measures to ensure the City retains priority in property <br />encumbrances and to help ensure recovery. <br />Administrative proceedings can also be a cost - effective and minimally adversarial method to <br />abate nuisances, handle appeals of administrative citations, liens and assessments, and meet due <br />process requirements. We have handled numerous such matters for cities from inception through <br />the appellate courts with excellent results. In one recent example, we successfully defended a city <br />against two appeals of an administrative citation, then obtained a court order awarding the city its <br />attorneys' fees involved in the process. <br />We are up to date on the legal requirements for these hearings, including Nightlife / .Quintero <br />issues, Fort Bragg revocation and expiration constraints and due process requirements. <br />Our services to the City would include helping staff identify when administrative hearings <br />are appropriate or required, helping ensure the City's administrative procedures are followed, <br />preparing briefings for the hearings, representing City staff at the hearings, and ensuring the City is <br />well positioned in the event of a writ or appeal to the Superior Court, and then helping the City <br />recover its costs and attorneys' fees. <br />For these services, Silver & Wright proposes a blended of $179 per hour for attorneys and <br />$100 per hour for paralegals and law clerks for any administrative proceedings related to appeals of <br />administrative citations, nuisance abatement determinations and cost recovery. This rate includes <br />file review, preparing briefs and correspondence, assisting City staff with administrative procedures <br />and representing City staff at the initial administrative hearing and subsequent appeals. <br />5. Gun Confiscations <br />RATE: $179 per hour. <br />At Silver & Wright, we have worked with cities to keep guns out of the hands of criminals <br />and the mentally incapacitated. We have the particular expertise required to navigate the procedural <br />and legal requirements to succeed in gun confiscation cases. <br />4 <br />251 -12 <br />
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