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HomeMy WebLinkAbout2009-9 - Amending Section 10.50.160 of Chapter 10.50 of Title 10 of the Newport Beach Municipal Code, Pertaining to Nuisance Abatement.ORDINANCE NO. 2009-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.50.160 OF CHAPTER 10.50 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO NUISANCE ABATEMENT The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 10.50.160 of Chapter 10.50 is hereby amended to read as follows: Section 10.50.160 Alternative Actions. A. Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence a civil action to abate the nuisance in addition to, alternatively to, or in conjunction with the proceeding set forth in this chapter, nor shall anything in this chapter be deemed to prevent the City from commencing a criminal action with respect to the violation of this chapter. B. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental in addition to other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City, State of California, or any other legal agency having jurisdiction. C. Each day that an owner allows a public nuisance to remain on his/her property shall be considered a violation of this code and may be punished as provided in Chapter 1.04 or Chapter 1.05 of this code. D. The prevailing party in any judicial action or administrative proceeding to abate a nuisance shall recover the attorneys' fees and costs incurred as follows: 1. The recovery of attorneys' fees shall be limited to those individual judicial actions or administrative proceedings in which the City elects, at the initiation of the individual judicial action or administrative proceeding, to seek recovery of its own attorneys' fees; and 2. 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 or administrative proceedings; and 3. Attorneys' fees and costs may include, but not be limited to, costs and expenses related to the use of expert witnesses incurred in the evaluation and /or prosecution of any nuisance abatement proceedings pursuant to the provisions of this Chapter. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10thday of March 2009 and adopted on the 24th day of March 2009, by the following vote, to wit: AYES, COUNCILMEMBERS Henn, Rosansky, curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS None ATTEST: oc � CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B DAVID R. HUNT, `ITYATTORNEY 2 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2009 -9 was duly and regularly introduced on the 10th day of March, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of March, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of March, 2009. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -9 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: March 28, 2009. f� In witness whereof, I have hereunto subscribed my name this day of 2009. 41,61 2 City Clerk City of Newport Beach, California