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NS-2876
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Last modified
3/9/2015 2:25:54 PM
Creation date
3/9/2015 2:25:16 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2876
Date
3/3/2015
Destruction Year
P
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(c) Civil Violations — Iniunctions and Civil Penalties. <br />(i) In addition to any other remedy provided by this Code, any <br />provision of this Code may be enforced by injunction issued by the <br />Superior Court upon a suit brought by the City of Santa Ana. <br />(ii) As part of a civil action filed to enforce provisions of this Code, a <br />court may assess a maximum civil penalty of two thousand five <br />hundred dollars ($2,500) per violation of the Municipal Code for <br />each day during which any person commits, continues, allows or <br />maintains a violation of any provision of this Code. <br />Section 4. Section 1 -13 of Chapter 1 of the Santa Ana Municipal Code is hereby <br />amended to read as follows: <br />Sec. 1 -13. Same — Abatement as Nuisance; special assessment; attorneys' fees <br />(a) Public Nuisance Abatement. In addition to the penalties provided in this <br />Code, any condition caused or permitted to exist in violation of any of the provisions <br />of this Code, uniform or adopted codes, or any provision of State or Federal law <br />that may be enforced by the city, shall be deemed a public nuisance and may be, <br />by this city, summarily abated as such by filing criminal or civil actions, and each <br />day such condition continues shall be regarded as a new and separate offense. <br />(b) Recovery of Attorneys' Fees Authorized. The prevailing party in any <br />judicial action, administrative proceeding, or special proceeding to abate a nuisance <br />may recover its reasonable attorneys' fees, provided that the city elected, at the <br />initiation of such individual action or proceeding, to recover its own attorneys' fees. <br />In no judicial action or administrative proceeding shall an award of attorneys' fees to <br />a prevailing party exceed the amount of reasonable attorneys' fees incurred by the <br />city in the judicial action or administrative proceeding. A judicial action includes, but <br />is not limited to, any civil or criminal action, inspection or abatement warrant, <br />administrative proceeding, or appeal from an administrative proceeding. <br />"Abatement" shall include any action taken by the City to cause or otherwise obtain <br />compliance with this municipal code or other codes, as specified herein, even if the <br />violation is ultimately corrected by the violator. Any recovery of attorneys' fees for <br />abatement of a nuisance shall be in accordance with this section. <br />Section 5. Section 8 -95 of Chapter 8 of the Santa Ana Municipal Code is hereby <br />amended to read as follows: <br />Sec. 8 -95. Certificate of occupancy (Chapter 1, Division II, Section 111). <br />Chapter 1, Division II, Section 111.1 of the building code is amended to read <br />as follows: <br />Ordinance No. NS -2876 <br />Page 3 of 6 <br />
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