HomeMy WebLinkAbout1425ORDINANCE NO. 1425 (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADDING SECTION 1.12.130 TO CHAPTER 1.12 OF
THE SAN LUIS OBISPO MUNICIPAL CODE AUTHORIZING THE
RECOVERY OF ATTORNEY FEES IN
CODE ENFORCEMENT ACTIONS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 1.12.130 is hereby added to the San Luis Obispo Municipal Code to read as
follows:
1.12.130 Liability for Attorney Fees.
The prevailing party in any civil action or administrative proceeding filed to abate a public
nuisance and violation of any provision of this Code may recover its attorneys' fees. The recovery
of attorneys' fees by a prevailing party is limited to only those individual actions or proceedings in
which the City elects, at the initiation of that individual action or proceeding, to seek recovery of
its own attorneys' fees. In no action shall an award of attorneys' fees to a prevailing party exceed
the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the
names of the Council members voting for and against it, shall be published at least five days prior to its
final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance will go
into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 17th day of September 2002, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo at a meeting held on the 1St day of October 2002, upon motion of Council
Member Mulholland, seconded by Council Member Ewan and on the following roll call vote:
AYES: Council Member Ewan, Mulholland, and Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
2�
Mayor Allen K. §ettle
ATTEST
Lee Pnce,'E.M.C.'
City Clerk
01425
n,�'K
y�
Ordinance No. 1425 (2002 Seri..
Page 2 of 2
APPROVED AS TO FORM:
effrey G. Jorgensen, City Attorney