11A - 2ND READ ORD - CODE ENFORCEMENT FEES

Home Browse Search

(c) Civil Violations — Injunctions and Civil Penalties. (i) In addition to any other remedy provided by this Code, any provision of this Code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Santa Ana. (ii) As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of two thousand five hundred dollars ($2,500) per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Code. Section 4. Section 1 -13 of Chapter 1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1 -13. Same — Abatement as Nuisance; special assessment; attorneys' fees (a) Public Nuisance Abatement. In addition to the penalties provided in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, uniform or adopted codes, or any provision of State or Federal law that may be enforced by the city, shall be deemed a public nuisance and may be, by this city, summarily abated as such by filing criminal or civil actions, and each day such condition continues shall be regarded as a new and separate offense. (b) Recovery of Attorneys' Fees Authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code or other codes, as specified herein, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section. Section 5. Section 8 -95 of Chapter 8 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8 -95. Certificate of occupancy (Chapter 1, Division II, Section 111). Chapter 1, Division II, Section 111.1 of the building code is amended to read as follows: 11 A -5