Chapter 8.8

Chapter 8.8 Abatement Procedures

8.8.10 Purpose of this Chapter

The purpose and intent of this Chapter is to provide regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the City.

This Chapter shall not be applied, construed or given effect in a manner that imposes upon the City, or upon any officer or employee thereof, any duty towards persons or property within the City or outside of the City that creates a basis for civil liability for damages, except as otherwise imposed by law.

8.8.20 Penalty

Any person who violates any provision of this Code, or who fails to comply with any obligation or requirement of this Code, is guilty of a misdemeanor unless otherwise provided, or unless the offense is charged as an infraction by a prosecuting attorney. Further, each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Code, or of any law or regulation referenced in this Code, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

8.8.30 Abatement of Public Nuisances

All conditions or uses that constitute a public nuisance as defined in Article 4 of this Code, or that are contrary to, or in violation of, any other provision or requirement of this Municipal Code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the City from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing City codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

8.8.40 Continuing Obligation of Responsible Persons to Abatement a Public Nuisance

Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required City approvals, permits and inspections, when applicable.

The City may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

8.8.50 Procedures for the City to Establish the Right to Enter Private Real Property to Abate a Public Nuisance

A. Notice of Abatement. Whenever a code enforcement officer or other public official determines that City employees, representatives or contract agents (hereafter "City Personnel") may need to abate a public nuisance, he or she shall give a written "Notice of Public Nuisance and Intention to Abate with City Personnel" (hereafter in this section and in subsequent sections of this Chapter, the "Notice of Abatement") to the responsible person(s). Such notice shall contain the following provisions:

1. The address of the real property on which the nuisance condition(s) exist(s).

2. A description of the nuisance condition(s).

3. A reference to the law prohibiting or pertaining to the nuisance condition(s).

4. A brief description of the required corrective action(s).

5. A time period and/or schedule in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable).

6. The period and manner in which a responsible person may contest the Notice of Abatement pursuant to this Chapter. No such right shall exist when the City is not seeking to establish the right to abate a public nuisance with City Personnel.

7. Omission of any of these provisions, whether in whole or in part, excepting the required information in this Section, or the failure of a responsible person to receive a Notice of Abatement, shall not render it defective or render any proceeding or action pursuant to this Chapter invalid.

8. A statement that the City may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, within a thirty (30) day period after service of the Notice of Abatement and provided that a timely Appeal there from has not been made.

B. Imminent Hazards Exception. The procedure in Subsection A shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in this Chapter shall be followed.

C. Consequence of Issue Notice. The City’s election to issue a Notice of Abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of this notice shall obligate the City to abate a public nuisance.

8.8.60 Additional Requirements For Demolition of Buildings or Structures

The City shall, excepting in cases involving an imminent hazard, provide responsible persons with a reasonable period to elect between options of demolition or repair, as well as a reasonable period of time to complete either option, before City Personnel abate a public nuisance by demolishing a building or structure pursuant to this Chapter.

The City shall, excepting in cases involving an imminent hazard, serve a Notice of Abatement on all secured lien holders of record with the Los Angeles County Recorder’s Office in the event abatement actions include demolition of a building or structure.

8.8.70 Service of Notice of Abatement

Notices of Abatement may be personally given to any responsible person or they may be served by mail. The date a Notice of Abatement is placed in a U.S. Postal Service mail receptacle shall be the date of service. Failure of any responsible person to receive a Notice of Abatement by mail shall not invalidate any action or proceeding pursuant to this Chapter.

The official issuing a Notice of Abatement to an owner of real property may rely on that person’s mailing address according to the last equalized assessment roll of the Los Angeles County Assessor’s Office in determining a service address for the Notice of Abatement. Failure of any owner to receive a Notice of Abatement by mail shall not invalidate any action or proceeding pursuant to this Chapter.

8.8.80 Right of Appeal From a Notice of Abatement

A responsible person may contest a Notice of Abatement by filing an Appeal in the manner required by this Municipal Code. Failure of the City Clerk to receive a timely Appeal constitutes a waiver of the right to contest a Notice of Abatement. In this event, the Notice of Abatement is final and binding.

8.8.90 Sample Notice of Abatement

The Notice of Abatement shall be written in a form that is substantially consistent with the following:

Notice of Public Nuisance(s) and Intention to Abate with City Personnel

[Date]

____________________ [Responsible Person(s)]

____________________ [Mailing Address]

____________________ [City, State and Zip Code]

Re: Real Property at _________________________________, __________

L.A. County A.P.N.:

Legal description [Optional]:

Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:

(1) [Describe condition or activities]

in violation of the La Habra Heights Municipal Code [as well as county and state laws, if applicable], Section(s) __________________________.

(a) Required Corrective Action(s):

(with all required permits, approvals and inspections).

(b) Required Completion Date: __________________________________.

[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

The foregoing public nuisance conditions are subject to abatement by rehabilitation, demolition, repair, removal or termination.

Please Take Further Notice that City Personnel may abate these public nuisance conditions or activities in the manner contained in this document if you do not perform the required corrective or preventative actions in a timely or proper manner with all required approvals, permits and inspections of the City and other appropriate public agencies. In such instances, the City shall seek recovery of all abatement costs, fees and expenses as allowed by this Chapter, or by applicable state laws, in any manner allowed by law.

Please Take Further Notice that you may Appeal this Notice of Public Nuisance and Intention to Abate with City Personnel by filing an Appeal on a City approved form with the City Clerk’s office (located at _________________, La Habra Heights, California) within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an Appeal. Failure of the City Clerk to receive a timely Appeal constitutes a waiver of your right to any further administrative Appeal and renders the Notice of Public Nuisance and Intention to Abate with City Personnel final and binding.

Please Take Further Notice that, if the violations are not abated within the time specified and a timely Appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter "City Personnel"), in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in Section _________ of the La Habra Heights Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien, or as a special assessment.

Please Take Further Notice that the City may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, within a thirty (30) day period after service of the Notice of Abatement and provided that a timely Appeal therefrom has not been made.

Please Take Further Notice that, in the event of abatement by City Personnel, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This ___________ day of _______________, 20__.

____________________________________

Public Official [Name and Title]

[End of Form]

The provisions in this section only apply to instances to where the City has elected to establish the right, but not the obligation, to abate public nuisances with City Personnel. In no event does this Chapter limit the right of City officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the City’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights in court.

8.8.100 Consequence of an Untimely Appeal

If a timely Appeal is not received by the City Clerk, the right to Appeal is waived and the Notice of Abatement is final and binding. In such instances the City may, without any administrative hearing, cause the abatement, with City forces, of any or all of the nuisance conditions or activities stated in the Notice of Abatement. Entry on improved private real property shall, excepting instances of an imminent hazard, be with an abatement warrant from the superior court. The City shall follow the procedures stated in this Chapter for recovery of all abatement costs, fees and expenses.

Nothing contained in this Chapter shall obligate the City to undertake abatement actions pursuant to a Notice of Abatement, whether or not there is a timely Appeal.

8.8.110 Abatement by Responsible Person Prior to Hearing

Any responsible person shall have the right to abate a nuisance in accordance with the Notice of Abatement at his or her own expense, provided all corrective actions are completed with all required City permits, approvals and inspections, prior to the date the matter is set for a hearing.

A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the City, fully and lawfully abated prior thereto.

8.8.120 Review by Hearing Officer

A. Any responsible person who contests a Notice of Abatement shall, subject to filing a timely Appeal, obtain review thereof before a hearing officer.

B. At the place and time set forth in the notification of Appeal hearing, the hearing officer shall hear the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

C. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The appellant, and the enforcement officer issuing the Notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/ her/their sole expense.

D. If the appellant fails, or other interested persons fail, to appear, the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the Appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to Appeal. In such instances the Notice of Abatement is final and binding.

8.8.130 Decision and Notice by Hearing Officer

A. Determinations After Hearing. Within a reasonable time, not to exceed fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision:

1. A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the Notice.

2. The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore.

3. The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision may be referred to as an "Order of Abatement."

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the Appeal.

B. Decision is Final. The decision of the hearing officer is final and conclusive. The decision shall also contain the following statement: Judicial review of the Hearing Officer’s decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6."

C. Service of Decision. A copy of the decision shall be served on all responsible persons who contested the Notice of Abatement by first class mail to the address(es) stated on the Appeal form. Failure of a responsible person to receive a properly addressed decision shall not invalidate any action or proceeding by the City pursuant to this chapter.

8.8.140 Abatement of Nuisance by Responsible Persons Prior to City Abatement Actions

Any responsible person shall have the right to fully abate a nuisance in accordance with the Hearing Officer’s decision prior to the date of entry of City forces or agents upon the subject real property, provided that all corrective actions are completed prior to that date. In such instances, all administrative proceedings shall be cancelled.

However, once the City enters a subject real property to abate a public nuisance, it shall have the right to complete this action. No person shall obstruct, impede, or interfere with City Personnel in the performance of any act that is carried out in complying with an Order of Abatement pursuant to this article. All personal property that is removed by City Personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

8.8.150 Emergency Action to Abate an Imminent Hazard

A. Declaration of Imminent Hazard. Notwithstanding any provision of this Municipal Code to the contrary, the Sheriff, the Fire Chief, or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the City Manager may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. A public official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction.

B. City Abatement of Hazard. If, in the sole discretion of the public official declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with City Personnel, and charge the costs and fees thereof to the responsible person(s).

C. Notice of Emergency Abatement. Within ten (10) business days following emergency actions of City Personnel to abate an imminent hazard, the City shall serve any responsible person with a Notice of Emergency Abatement by City Personnel of an Imminent Hazard by first class mail. The City may, if a responsible person is a property owner, rely on that person’s mailing address according to the last equalized assessment roll of the Los Angeles County Assessor’s Office in determining a service address for this notice. Failure of any responsible person to receive a Notice of Emergency Abatement by City Personnel of an Imminent Hazard by mail shall not invalidate any action or proceeding pursuant to this Chapter.

D. Content of Notice. A Notice of Emergency Abatement by City Personnel of an Imminent Hazard shall contain the following provisions:

1. The name of a known responsible person who is being served with the Notice of Emergency Abatement by City Personnel of an Imminent Hazard and the address of the real property on which the imminent hazard was present.

2. A brief description of the condition(s) and reasons why it constitutes an imminent hazard.

3. A brief description of the law prohibiting or pertaining to the imminent hazard.

4. A brief description of the actions City Personnel took to abate the imminent hazard.

E. Omissions in Notice not Consequential. Omission of any of the foregoing provisions in a Notice of Emergency Abatement by City Personnel of an Imminent Hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this Chapter invalid.

F. Notice of Substandard Property. Emergency abatement of an imminent hazard by City Personnel shall not preclude the City from recording a Notice of Substandard Property in accordance with the provisions of this Chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

G. Cost Recovery by City. The City shall be entitled to recover its fees and costs for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this Chapter.

8.8.160 Combination of Notices

The notices that are authorized by this Chapter may be combined in the discretion of the City.

8.8.170 Establishment of Costs of Abatement

The following procedures will be followed in establishing and collecting costs of abating a public nuisance.

A. The City shall keep an accounting of the costs, fees and expenses (collectively hereafter, the "Costs") of abating a public nuisance.

B. The City shall serve a Statement of Abatement Costs on the responsible persons within twenty (20) calendar days of the City’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in this Chapter.

C. A responsible person shall tender the Costs in U.S. currency to the City within ten (10) calendar days of the date of service of the Statement of Abatement Costs. Alternatively, a responsible person may contest the statement in the manner provided for in Subsection D.

D. A responsible person has the right to contest a Statement of Abatement Costs by filing an Appeal on a City approved form with the City Clerk’s office within ten (10) calendar days of service of the Notice of Abatement. No fee shall be due for the filing of an Appeal. Failure of the City Clerk to receive a timely Appeal constitutes a waiver of the right to contest a Statement of Abatement Costs. In this event, the Statement of Abatement Costs is final and binding.

E. The City may proceed to collect its Costs as contained in a final Statement of Abatement Costs in any manner allowed by law.

F. If a timely Appeal is received by the City Clerk, a hearing shall be set before the City Council. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the Statement of Abatement Costs by first class mail to the address(es) stated on the Appeal form at least ten (10) calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the City pursuant to this Chapter.

G. At the time and place fixed for receiving and considering the Statement of Abatement Costs, the City Council shall hear and pass upon the evidence submitted by City Personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the City Council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.

H. The decision of the City Council is final.

I. The City Clerk shall cause a confirmed Statement of Abatement Costs to be served upon all responsible persons who contested the original statement by first class mail to the address(es) stated on the Appeal form. This document shall also contain the following statement: Judicial review of the City’s Council’s decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6." Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the City pursuant to this Chapter.

J. A responsible person shall tender the Costs in U.S. Currency to the City within ten (10) calendar days of the date of service of the confirmed Statement of Abatement Costs. The City may thereafter proceed to collect its Costs as contained in the confirmed Statement of Abatement Costs in any manner allowed by law.

8.8.180 Collection of Costs of Abatement by Special Assessment

The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38773.5, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

A Notice of Special Assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed which shall contain the following recitals: The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

The City Attorney or City Prosecutor shall establish the Notice of Special Assessment form for use, or consideration by, the Tax Collector in collecting a special assessment. The Notice of Special Assessment shall be entitled to recordation with the Los Angeles County Recorder’s Office. The amount of a Special Assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

8.8.190 Collection of Costs of Abatement by Nuisance Abatement Lien

A. As an alternative procedure for recovery of costs, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38773.1, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 01000&file=415.10-415.95" target="_top">415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062 of the Government Code.

C. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of La Habra Heights, the name of the City department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

F. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

G. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

H. The amount of a Nuisance Abatement Lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

8.8.200 Treble the Costs of Abatement

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance pursuant to this Chapter, the court may order that person to pay treble the costs of the abatement.

8.8.210 Recordation of Substandard Notice

The following provisions describe the process for recordation of a Substandard Property Notice.

A. Notwithstanding any provision of this Municipal Code to the contrary, if the City determines that any property, building or structure, or any part thereof, is in violation of any provision of this Municipal Code and said violation has not been fully abated or corrected, as determined by the City, within a thirty (30) day period after written notice to a responsible person, then the City, in its sole discretion, may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required City approvals, permits, licenses and the passage of all City required inspections.

B. The City may record a Notice of Substandard Property without the issuance of a Notice of Abatement pursuant to this Chapter, provided that a notice of correction or a notice of violation to a responsible person previously disclosed that a Substandard Notice may be recorded against a property if a violation is not fully abated or corrected in a period of thirty (30) days.

C. A Notice of Substandard Property may be recorded thirty days after service of a Notice of Abatement provided that: (i) the notice contained this disclosure, (ii) the public nuisance was not fully abated or corrected within that period, and (iii) a timely and proper Appeal to the Notice of Abatement was not made.

D. The form that constitutes a Notice of Substandard Property shall be approved by the City Attorney or the City Prosecutor.

E. The City shall record a Notice of Rescission of Substandard Property with the Los Angeles County Recorder’s Office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.

F. The City shall cause copies of recorded Notices of Substandard Property and Notices of Rescission of Substandard Property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this Chapter.

8.8.220 Code Enforcement Fees

Fees levied pursuant to code enforcement activities are established and collected as described following.

A. Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, who cause, allow or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter Code Enforcement Fees) by the City to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

B. The amount(s) or rate(s) of Code Enforcement Fees for City Personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by the City Council.

C. The City Manager is authorized to adopt regulations for the uniform imposition of Code Enforcement Fees, and for related administrative actions pertaining to such fees.

D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this Municipal Code, or which are imposed pursuant to county, state or federal laws or regulations.

E. Code Enforcement Fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove a violation or a public nuisance.

F. Failure to pay Code Enforcement Fees shall constitute a debt that is collectible in any manner allowed by law.

8.8.230 Recovery of Attorney’s Fees

A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance, or in any Appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following:

A. Attorney’s fees are not recoverable by any person as a prevailing party unless the City Manager, or an attorney for, and on behalf of, the City, elects in writing to seek recovery of the City’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the City.

B. The City is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the City being the prevailing party.

Provided that the City has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the City in that action or proceeding.

8.8.240 Applicability of Other Laws.

This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.

The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this code or by state law for the abatement of public nuisances.

8.8.250 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.