Chapter 8.20 NUISANCE ABATEMENT

A. It is the intent of the city council in adopting this chapter to provide a comprehensive method for the identification and abatement of public nuisances within the city.

B. Provisions of this chapter are to be supplementary and complementary to all of the provisions of city ordinances, this code, state law, and any law cognizable at common law or in equity. Nothing herein shall be read, interpreted, or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances.

C. The provisions of this chapter apply to all property throughout the city wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any city, state, or federal law, shall not be deemed to violate this chapter. (Ord. 485 § 3, 2004)

8.20.020 Definitions.

As used in this chapter:

“Code enforcement officer” means the code enforcement officer for the City of Escalon or any other city officer, official, or employee designated by the city manager as having the authority to enforce the provisions of this chapter.

“Occupant” means any occupant, lessee, or holder of any interest in the property, other than an interest qualifying the individual as an owner.

“Owner” means the record owner or owners of the property as they appear on the latest equalized assessment roll of San Joaquin County. (Ord. 485 § 3, 2004)

8.20.030 Authority.

A. The city manager and his or her designees, including but not limited to the code enforcement officer, are authorized and directed to use the provisions of this chapter for the purpose of abating nuisances.

B. Nothing in this chapter shall be construed to limit the authority of the police chief to enforce all laws within the police chief’s jurisdiction.

C. Nothing in this chapter shall be deemed to prevent the city council from authorizing the city attorney or other authorized legal representative to commence any available civil or criminal proceeding to abate a nuisance pursuant to all applicable provisions of law as an alternative and in addition to any enforcement proceedings set forth in this chapter. The city attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin any nuisance or a violation of any provision of this chapter, or any other ordinance of the city.

D. All remedies set forth in this chapter, and in all city ordinances for the abatement or punishment of any violation thereof, are cumulative and may be pursued alternatively or in combination. (Ord. 485 § 3, 2004)

8.20.040 Right of entry.

A. Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the code enforcement officer may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this chapter.

B. Whenever practicable, the code enforcement officer shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the code enforcement officer shall, if practicable, contact such owner.

C. If entry onto any premises is interfered with by the owner or occupant of such premises, or by any third party, the code enforcement officer shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter. (Ord. 485 § 3, 2004)

8.20.050 Responsibility for property maintenance.

A. Every owner of real property within the city is required to maintain such property in a manner that does not violate the provisions of this chapter, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Every occupant, lessee, or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty. (Ord. 485 § 3, 2004)

8.20.060 Nuisances generally.

Anything defined as a nuisance pursuant to state or federal law including, but not limited to, Division 4, Part 3 of the California Civil Code and Part 1, Title 10 and Sections 370, 371 and 11225, et seq., of the California Penal Code, as enacted or hereafter amended, shall be unlawful and shall constitute a nuisance, and enforcement and abatement shall be undertaken as provided by law. (Ord. 485 § 3, 2004)

8.20.070 Designated nuisances.

It is declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises or land in the city to maintain such premises or land in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist, and enforcement and abatement shall be undertaken as provided by law for:

A. Any condition recognized in law or equity as constituting a public nuisance;

B. Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety, or welfare of the public; or anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free uses of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the customary manner of any public park, street, alleyway, highway, or other public easement;

C. Any condition in violation of the Uniform Building Code, Uniform Mechanical Code, Uniform Electrical Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, or Uniform Fire Code, as adopted by the city;

D. Any condition in violation of EMC Titles 5, 6, 8, 9, 10, 12, 13, 15, 16, or 17;

E. Any vacant, unoccupied, or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood, or is otherwise detrimental to the health, safety, and welfare of the public;

F. Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39500, et seq., and 39560, et seq., as enacted or hereafter amended and enforced by city ordinances and resolutions;

G. Any condition that constitutes attractive nuisances (i.e., those objects or conditions that, by their nature, may attract children or other curious individuals) including, but not limited to, unprotected and/or hazardous pools, ponds, ice boxes or refrigerators, or excavations;

H. The keeping, storage, depositing, or accumulation on the premises for an unreasonable period of any personal property, including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish and debris which is within the view of persons on adjacent or nearby real property or the public right-of-way and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that wood and building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project;

I. The keeping, storage, depositing, or accumulation of dirt, sand, gravel, concrete, or other similar materials, or construction materials, for an unreasonable period, which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of construction, repair, or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project. Materials for construction, repair, or renovation shall not be stored, deposited, or accumulated for more than two weeks before the start of the construction, repair, or renovation or kept for longer than two weeks after completion of the project;

J. The keeping, storage, depositing, or accumulation of combustible material likely to become ignited or debris resulting from any fire;

K. The operation of a junk yard or automobile dismantling yard, except pursuant to a valid use permit;

L. Trailers, campers, or similar vehicles that are being used for sleeping, cooking, or living quarters;

M. The accumulation, visible to the public, on any premises of any motor vehicles or boats that are wrecked, disabled, dismantled, or inoperative; or two or more motor vehicles not driven on a regular basis; or more than one commercial vehicle per property within any residential zone; or any abandoned boats or similar vehicles;

N. The parking of any commercial vehicle with a gross vehicle weight in excess of 10,000 pounds on any property within any residential or commercial zone, except that such parking shall not be considered a nuisance if it occurs on commercial property that is immediately adjacent to and accessible from a street on which commercial vehicle traffic regularly occurs or on commercial property pursuant to a regularly scheduled pickup or delivery of goods, wares, merchandise, or materials for an approved construction project, or on commercial property on which such parking is an incidental part of the principal or conditional permitted land use of the property;

O. Automobile motors, transmissions, and all other automotive parts or accessories, stored or accumulated on any premises or land where they are visible to the public and/or the neighbors;

P. Any condition of a building or structure deemed to be unsafe or that in the discretion of the fire chief, the building inspector, or their designees would constitute a threat to public safety, health, or welfare or pose a security problem by reason of dilapidation, fire hazard, disaster, damage, or other similar occurrence specified in this chapter or any other ordinance; or

Q. Vehicles of any kind, boats and other watercraft parked or stored on residential properties within the city between the frontmost wall of the residence and the front of the property line, or in the parkway, unless parked in the driveway. If vehicles are parked off the driveway, they must be on concrete pavers or gravel foundation for proper support. (Ord. 492 § 1, 2005; Ord. 485 § 3, 2004)

8.20.080 Commencement of proceedings.

A. Whenever the code enforcement officer has inspected or caused to be inspected any premises and has found and determined that such premises or condition are in violation of this chapter, the code enforcement officer may commence proceedings to cause abatement of the nuisance as provided herein.

B. Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied.

C. The city council may provide for summary abatement of any nuisance identified in EMC 8.20.060 or 8.20.070, at the expense of the persons creating, causing, committing or maintaining it. The expense of abatement may be made a lien against the property on which it is maintained, pursuant to EMC 8.20.240. This summary procedure is authorized by Government Code Sections 38773 and 38773.5.

D. The code enforcement officer may also, either concurrent with or in lieu of proceedings to cause abatement of the nuisance, impose fines pursuant to EMC 8.20.250 or refer the matter to the city attorney and/or San Joaquin County district attorney to institute appropriate legal proceedings against the property owner. (Ord. 485 § 3, 2004)

8.20.090 Notice to abate.

A. Once the code enforcement officer has determined that a nuisance exists, the code enforcement officer shall issue a notice and abatement order and shall mail a copy of such notice and order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property.

B. The notice and order shall contain the following:

1. The street address, legal description, or other description sufficient to identify the premises on which the nuisance exists;

2. A description of the condition causing or constituting the nuisance;

3. The length of time permitted for voluntary abatement of the nuisance:

a. This period shall be allowed prior to any enforcement proceedings by the city or any effort by the city to abate the nuisance, and it shall be a reasonable period of time as determined by the code enforcement officer, but not to exceed 30 days;

b. Should the code enforcement officer determine that delay in abatement would constitute a danger to human life or public safety, the period may be reduced to 24 hours;

4. A statement that the disposal of any material involved in or constituting a nuisance must be accomplished in a legal manner;

5. A statement that the violator may, during the abatement period, file with the code enforcement officer a request for a hearing to dispute the existence of the nuisance;

6. A statement that if the condition is not voluntarily abated within the abatement period, the city will abate the nuisance and that the costs of such abatement shall become a charge and lien against the premises.

C. The notice and order, and any amended or supplemental notice, shall be served either by personal delivery or by mailing a copy by certified mail, postage prepaid, return receipt requested, upon the record owner at the premises’ address as it appears on the latest equalized assessment roll of San Joaquin County. A copy of the notice shall also be posted on the premises or shall be served on the occupier of the premises.

1. Proof of service of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.

2. The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.

3. The failure of any person to receive such notice shall not affect the validity of any proceedings taken hereunder.

D. The code enforcement officer may record a notice of code violation with the office of the county recorder. If such a notice is recorded, the code enforcement officer shall notify the property owner of the recordation. At such time as the code enforcement officer determines that the nuisance has been abated by the property owner, the code enforcement officer shall submit a release of notice of the code violation to the office of the county recorder. The cost of such recordation and release may be charged to the property owner. (Ord. 485 § 3, 2004)

8.20.100 Voluntary abatement.

A. If the owner chooses voluntary abatement, such abatement must be completed within the time period specified in the notice and order. The owner must advise the code enforcement officer in writing that the owner will abate the nuisance, and, once the abatement is complete, the owner must advise the code enforcement officer in writing of the date of completion.

B. Once the owner has provided written notice that the abatement is complete, the code enforcement officer shall inspect the premises to ensure that the nuisance has been abated to the city’s satisfaction. (Ord. 485 § 3, 2004)

8.20.110 Summary abatement by city.

A. If a declared nuisance is not completely abated by the owner or occupier of the premises within the time prescribed in an order to abate, the code enforcement officer is authorized and directed to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the code enforcement officer is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

B. Where required by state or federal law, a warrant shall be obtained prior to entry onto the premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under state or federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant 24 hours prior to the entry, unless the warrant provides otherwise.

C. The cost of such abatement shall be assessed against the premises as a lien or special assessment or made a personal obligation of the owner thereof. (Ord. 485 § 3, 2004)

8.20.120 Extensions of time to abate.

A. Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he will comply with the order if allowed additional time, the code enforcement officer may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete such abatement; provided, that the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property or otherwise contrary to the requirements of public safety.

B. The authority of the code enforcement officer to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to request a hearing. (Ord. 485 § 3, 2004)

8.20.130 Hearing examiner and code appeals board.

A. The city manager shall appoint one or more hearing examiners who shall hear cases brought by the code enforcement officer under the provisions of this chapter and who shall serve at the pleasure of the city manager. A hearing examiner may be a city employee.

B. Appeals shall be heard by the code appeals board, which shall consist of three persons, none of whom may concurrently serve as a hearing examiner or code enforcement officer. Each time an appeal is filed, the city manager shall appoint one member of the code appeals board, who may be a city employee, and the chairperson of the planning commission shall appoint the other two members of the code appeals board, who shall be members of the city’s planning commission. The code appeals board, as so appointed, shall serve to hear that appeal. The city manager and chairperson of the planning commission may subsequently reappoint the same person or persons to hear other appeals. (Ord. 485 § 3, 2004)

8.20.140 Hearings.

A. If a hearing is requested pursuant to EMC 8.20.090(B)(5), the code enforcement officer shall inform the hearing examiner who shall schedule a hearing. Such hearing shall be held within 30 days of the request for hearing.

B. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the code enforcement officer, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.

C. The hearing examiner and the city clerk shall be authorized to administer oaths.

D. The proceedings at the hearing shall be recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereafter amended.

E. The hearing examiner may, upon request of the owner of the premises or upon request of the code enforcement officer, grant continuances from time to time for good cause shown, or upon his or her own motion.

F. Any relevant evidence may be permitted at the discretion of the hearing examiner; the hearing examiner shall not be bound by the rules of evidence. (Ord. 485 § 3, 2004)

8.20.150 Rights of parties.

A. Each party may represent itself or be represented by a person of its choosing.

B. If a party does not proficiently speak or understand the English language, an interpreter may be utilized at the party’s own cost to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing. (Ord. 485 § 3, 2004)

8.20.160 Official notice.

In reaching a decision, the hearing examiner may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or any of its departments. (Ord. 485 § 3, 2004)

8.20.170 Inspection of premises.

A. The hearing examiner may inspect the premises involved in the hearing prior to, during, or after the hearing; provided, that:

1. Notice of such inspection shall be given to the parties before the inspection is made;

2. The parties are given an opportunity to be present during the inspection; and

3. Upon completion of the inspection, the hearing examiner shall state on the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusions, if any, drawn therefrom.

B. Each party shall have a right to rebut or explain the matters so stated by the hearing examiner, either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record. (Ord. 485 § 3, 2004)

8.20.180 Hearing examiner’s decision.

A. If it is shown by the evidence that the condition of the premises constitutes a public nuisance:

1. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision and to complete the abatement within such time as specified by the hearing examiner, or in the alternative, within the time designated by the code enforcement officer. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the code enforcement officer and the expense thereof made a lien on the property involved.

2. Upon issuance of the decision, the code enforcement officer shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, in the same manner as set forth in EMC 8.20.090, and one copy shall be served on each of the following, if known to the code enforcement officer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; and the holder of any other estate or legal interest of record in the premises. (Ord. 485 § 3, 2004)

8.20.190 Appeals.

A. The owner or occupant of the premises on which the nuisance exists or the code enforcement officer may appeal the decision of the hearing examiner by filing with the city clerk, within 10 calendar days after receipt of the final determination by the hearing examiner on the matter, a request that the matter be set for an appeal hearing by the code appeals board of the city.

B. A failure to file a timely appeal shall be deemed a waiver of the right to appeal.

C. When the board receives from the city clerk a notice requesting an appeal hearing, it shall thereupon set a hearing date on the matter to be held within 30 days of the date on which the appeal request was received. The city clerk shall notify the appellant of the date on which the appeal will be heard. The notice by the clerk shall be delivered by certified mail to the address of the appellant, as stated in the notice of appeal.

D. The city clerk shall notify the hearing examiner of the filing of the request for an appeal hearing, and the hearing examiner shall transmit the records of the hearing examiner pertaining to the decision which is being appealed. The filing of such an appeal shall automatically defer the effective date of any decision until the board has ruled on the appeal.

E. The decision of the hearing examiner shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the board. If the board sustains the order of the hearing examiner requiring abatement of a nuisance, the period of commencement and completion of the abatement, as specified in the order, if any, shall start from the date of such board action.

F. The board may hear evidence from competent persons as may be desired. The board may modify as it deems proper any decision of the hearing examiner.

G. Any decision of the board shall conform to EMC 8.20.180 in all respects, and the decision of the code appeals board shall be final.

H. The code enforcement officer shall be bound by the final decision of the code appeals board. (Ord. 485 § 3, 2004)

8.20.200 Failure to obey order.

If, after any order of a hearing examiner, the board, or the city manager, made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the code enforcement officer may institute any appropriate action to abate such conditions on the subject premises which constitute the public nuisance. (Ord. 485 § 3, 2004)

8.20.210 Interference with work prohibited.

No person shall obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this chapter, whenever such officer, employee, contractor, or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter. (Ord. 485 § 3, 2004)

8.20.220 Liability for abatement costs.

A. The code enforcement officer shall keep an account of the costs and expenses of abating a nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate.

B. Such person or persons receiving the notice to abate shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance.

C. Costs and expenses as referred to in this section shall include but are not limited to any and all direct costs related to personnel salaries and benefits, operational overhead, rent, interest, fees for experts, consultants or contractors, legal costs or expenses including attorneys’ fees, claims against the city arising as a consequence of the nuisance or violation and procedures associated with collecting moneys due hereunder.

D. With regard to any nuisances relating to the unlawful occupancy or change of occupancy of any building or structure, regardless of whether the nuisance is voluntarily abated or abated by the city, in addition to any other costs and expenses of abatement, the property owner shall also be liable for all reasonable relocation costs for any and all tenant(s) of that building or structure. Such reasonable relocation costs shall include, but are not limited to:

1. A refund of any rents paid by or on behalf of the tenant(s), insofar as such rents relate to any period of time subsequent to the eviction of the tenant(s), and a refund of any security deposit, last month’s rent, or other deposit paid by or on behalf of the tenant(s) to the property owner or the property owner’s agent;

2. Temporary lodging for the tenant(s) at a hotel or other appropriate facility located in or within 10 miles of the city. The site of any such temporary lodging shall be subject to the approval of the code enforcement officer. The property owner shall be liable for the costs of temporary lodging for a maximum of 30 days. During that period, the tenant(s) must make reasonable efforts to secure new housing accommodations;

3. Any costs incurred by the tenant(s) in obtaining new housing accommodations, including, but not limited to, application fees and credit check fees; provided, however, that the property owner shall not be liable for paying any rents or deposits for the tenant(s)’ new accommodations; and

4. Any other incidental expenses incurred by the tenant(s) as a result of their eviction, including, but not limited to: additional transportation costs incurred traveling to and from work and school for the period in which temporary lodging is provided; additional meal costs if adequate cooking facilities are not available at the temporary lodging; and the cost of moving furniture, household goods, and other personal property from the site of the nuisance to the temporary lodging and from the temporary lodging to any subsequent lodging, as well as any costs for temporary storage of such furniture, household goods, and personal property during the interim period. (Ord. 485 § 3, 2004)

8.20.230 Report to city council.

The code enforcement officer shall present to the city council for consideration a report of costs for abating the nuisance. The city council shall fix a time, date, and place for hearing the report, and any protests or objections thereto. The city clerk shall cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled to notice as specified by the code enforcement officer pursuant to EMC 8.20.090. Such notices shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the council will hear and pass upon the report of the code enforcement officer containing the proposed charge for abatement, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected thereby. (Ord. 485 § 3, 2004)

8.20.240 Assessment – Lien.

The total cost for abating a nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment.

A. After such recordation, a copy of the lien may be turned over to the county auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by Government Code Section 38773.5 and as provided for ordinary municipal taxes.

B. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 485 § 3, 2004)

8.20.245 Attorneys’ fees and costs.

A. In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance or to enjoin violation of any provision of this code, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. 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. The city shall be considered a prevailing party entitled to attorneys’ fees under subsection A of this section when it can demonstrate that:

1. Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;

2. The lawsuit was meritorious and achieved its result by “threat of victory”; and

3. The city reasonably attempted to settle the litigation before filing the lawsuit. (Ord. 512 § 3, 2007)

8.20.250 Violations.

A. The owner or occupier of any premises where a nuisance is found to exist, or who violates any order of abatement served as provided in this chapter, shall be guilty of an infraction or a misdemeanor.

B. The code enforcement officer may issue citations for infractions; provided, that a previous warning has been given. Upon conviction thereof, the violator shall be punished by a fine not exceeding $100.00 for a first violation, $200.00 for a second violation within one year, and $500.00 for each additional violation within one year.

C. The city attorney may determine that, in the interests of justice, the nuisance should be prosecuted as a misdemeanor.

D. Every day that any such violation continues shall constitute a separate offense, whether an infraction or a misdemeanor. (Ord. 485 § 3, 2004)