TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:February 27, 2024
SUBJECT: Recovery of Attorneys' Fees for Nuisance Abatement Actions RECOMMENDATION:
1. Read in title only, further reading be waived, and if no objection, introduce ordinance permitting the recovery of attorneys’ fees by the prevailing party to a nuisance abatement action or proceeding.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report and ordinance is included in the Adopted FY 2023-24 General Fund Budget.
BACKGROUND:
California Government Code Section 38771 et seq. authorizes cities to declare what constitutes a public nuisance and to establish a procedure for the abatement of the declared nuisances. Title 1, Chapter 6 of the Thousand Oaks Municipal Code declares certain conditions of property public nuisances and prohibits the maintenance of a public nuisance once the property owner has been notified by the City and provided an opportunity to correct the violation. This chapter of the municipal code also authorizes the City Attorney’s Office to enforce the prohibition against public nuisances and to abate such nuisances using criminal, civil, and administrative remedies.
DISCUSSION/ANALYSIS:
California Government Code Section 38773.5(b) authorizes cities to adopt an
Recovery of Attorneys' Fees for Nuisance Abatement Actions February 27, 2024
ordinance that provides “for the recovery of attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance” provided that the recovery of attorneys’ fees is available to the “prevailing party” and not only the city. The proposed ordinance (Attachment #1) would add Section 1-6.04 to the Thousand Oaks Municipal Code authorizing the recovery of attorneys’ fees by the prevailing party. Consistent with California Government Code Section 38773.5(b), any award of attorneys’ fees shall be limited to “the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.” In code enforcement matters, the City prefers to obtain voluntary compliance with the City’s municipal code. However, if a property owner is nonresponsive or refuses to abate the nuisance, the City may enforce the municipal code by filing a civil nuisance abatement action. If the City prevails in the civil action, it would be entitled to be reimbursed the attorneys’ fees required to obtain compliance through the court.
Staff recommends introduction of the ordinance permitting the recovery of attorneys’ fees by the prevailing party to a nuisance abatement action or proceeding.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Noel Doran, Assistant City Attorney
Attachments:
Attachment #1 – Ordinance Authorizing Attorney Fees in Public Nuisance Action
CAO:650-90\njd\Legal Files/Administration/Staff Report/Authorizing Attorney Fees in Public Nuisance Action.docx