§ 1.08.016. Cost recovery for enforcement; attorneys' fees.

A.

In addition to all other remedies and cost recovery provided by law, any person violating the provisions of this code shall be liable to the city for the expenses incurred in detecting, investigating, and abating the violation, including the costs of monitoring compliance.

B.

Any person violating the provisions of this code shall be liable to the city for the city's reasonable attorneys fees and costs in enforcing the code against the violator, including recovery of the city's reasonable attorneys fees and costs in bringing an administrative or civil action and any action to enforce an administrative determination or court order. The recovery of attorneys' fees and costs under this subsection is in addition to all other remedies and cost recovery provided by law, with the exception that cost recovery under this subsection does not apply to public nuisance abatement actions, for which attorneys' fee and cost recovery is authorized by Subsection C. herein.

C.

In any individual action or proceeding brought by the city to abate a public nuisance, the prevailing party shall be entitled to the recovery of reasonable attorneys' fees and costs where the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees and costs.

D.

For the purposes of this section, the term "public nuisance" means any violation of the San José Municipal Code or other conduct that has been declared to be a public nuisance by any provision of this code.

E.

The city may recover the costs specified in this section by civil or other action, or by billing the violator pursuant to the collection and payment provisions of Chapters 1.17 and 1.18 of this code.

(Ord. 27144.)