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ORDINANCE NO. 908
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH ADDING SECTION 2052 TO
CHAPTER 13, DIVISION 1 OF THE UKIAH CITY CODE,
PROVIDING CITY WITH RIGHT TO RECOVER ITS ATTORNEY'S
FEES FROM OPPOSING PARTIES IN CERTAIN CASES.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION ONE. FINDINGS.
1. The City of Ukiah pursues a policy of attempting to secure the
voluntary compliance of property owners, businesses and individuals with the
City's zoning, subdivision, building, sign, business licensing, utility and
other similar codes, ordinances and regulations. Only after such efforts
have proved unsuccessful does the City pursue legal action to enforce these
local codes, ordinances and regulations.
2. Ukiah is a small city with limited resources. It incurs
substantial costs and attorney's fees, when it pursues civil legal remedies
to abate violations of its local codes, ordinances and regulations.
3. A local ordinance providing the City with a right to recover its
attorney's fees from the defendant, if it prevails in a legal action to
enforce its local codes, ordinances and regulations, is a fee shifting statue
within the meaning of Code of Civil Procedure Section 1021. Thus in cases
where the City succeeds in securing compliance with its local codes,
ordinances and regulations through legal action, it can impose the costs of
such enforcement on the violator, who, by right, should pay those costs that
the violator makes necessary.
4. This attorney's fee ordinance will reduce the City's costs in
securing compliance with its local codes, ordinances and regulations and will
provide property owners, businesses and individuals an additional incentive
to cooperate with the City's efforts to secure voluntary compliance with its
local codes, ordinances and regulations.
SECTION TWO.
Section 2052 is hereby added to Chapter 13, Division 1 of the Ukiah City
Code to read as follows:
Section 2052 - City entitled to its attorney's fees:
If the City of Ukiah prevails in any legal action to enforce the
provisions of any locally adopted code, ordinance or regulations, or the
provisions of any state or federal statute that it has a duty to enforce, it
shall be entitled to recover from the opposing party or parties all of its
reasonable attorney's fees incurred in prosecuting the action.
a. "Prevail" as used in this section means that the filing of the
action contributed significantly to securing the opposing party or parties'
compliance with such codes, ordinances, regulations or statutes, whether as a
result of voluntary compliance after the action is filed, formal settlement
or judgement. There shall be a rebuttable presumption that if the opposing
party or parties comply after the action is filed, the filing of the action
contributed significantly to securing compliance.
b. Such fees shall be established by the Court upon the filing of a
cost bill as provided by law or by separate motion. In determining the
amount of the fee the court shall multiply the number of hours devoted to
preparing and prosecuting the action, commencing when the matter is first
referred to the City Attorney for enforcement, by a reasonable hourly rate
for the services provided. In determining a reasonable hourly rate, the
court shall consider the reasonable market rate in the jurisdiction for the
attorney's services, taking into consideration the attorney's experience and
skill and shall not be limited to the amounts actually paid by the City.
c. If there is more than one opposing party, they shall be jointly and
severally liable for all of the attorney's fees awarded to the City by the
court.
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SECTION THREE.
This ordinance shall become effective thirty days after it is adopted
and shall be published as required by law. After its effective date, the
provisions of this ordinance shall apply in any legal action pending, when
this ordinance is adopted as well as to actions filed after the effective
date of the ordinance.
Introduced by title only on June 6, 1990, by the following roll call
vote:
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor
Henderson
NOES: None
ABSENT: None
Adopted on June 20 , 1990, by the following roll call vote:
AYES: Counci]members McMichae], Wattenburger, Shoemaker, Schneiter and
Mayor Henderson
NOES: None
ABSENT: None