CAO:650-90\njd\Legal Files\Administration\02272024 Staff Report\Attachment 1 Ordinance.docx
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THOUSAND
OAKS MUNICIPAL CODE TITLE 1, CHAPTER 6
ADDING SECTION 1-6.04 PERMITTING THE
RECOVERY OF ATTORNEYS’ FEES BY THE
PREVAILING PARTY TO A NUISANCE ABATEMENT
ACTION OR PROCEEDING
WHEREAS, California Government Code Section 38773.5(b) provides that a City “may, by ordinance, provide for the recovery of attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance;” and WHEREAS, California Government Code Section 38773.5(b) further provides that the ordinance must provide for recovery of attorneys’ fees by the prevailing party, and may not limit recovery of attorneys’ fees only to the city; and WHEREAS, California Government Code Section 38773.5(b) allows the ordinance to limit recovery of attorneys’ fees by the prevailing party to only those individual actions in which the City elects to seek recovery of its attorneys’ fees; and
WHEREAS, California Government Code Section 38773.5(b) further provides that an award of attorneys’ fees shall be limited to “the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding;” and WHEREAS, the City Council desires to permit the recovery of attorney fees by the prevailing party to a nuisance abatement action as authorized by California Government Code Section 38773.5(b); and
NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:
ATTACHMENT #1
CAO:650-90\njd\Legal Files\Administration\02272024 Staff Report\Attachment 1 Ordinance.docx
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Part 1.
Title 1, Chapter 6 of the Thousand Oaks Municipal Code is hereby amended to add the following section:
Chapter 6
Sec. 1-6.04 Recovery of attorney fees by prevailing party (a) Recovery 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, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance.
(b) A judicial action includes, but is not limited to, any civil 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, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, 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.
Part 2.
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, CAO:650-90\njd\Legal Files\Administration\02272024 Staff Report\Attachment 1 Ordinance.docx
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adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 3.
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this XXth day of XXXXX, 2024, by
the following vote:
Ayes:
Noes:
Absent:
________________________________
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 2024
Published: XXXX XX, 2024
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.