HomeMy WebLinkAboutORD 04-2011ORDINANCE NO. 04(2011)
AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING
RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT
PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL
CODE
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. This ordinance serves to clarify existing provisions of the Diamond Bar
Municipal Code relative to recovery of attorney fees incurred in the abatement of
nuisances by clarifying that all references to legal "costs" were intended to and do
include the City's attorney fees. This ordinance is declarative of existing law.
Section 2. Subparagraph (2) (b) of Section 22.78.060 of the Diamond Bar Municipal
Code is hereby amended to read as follows:
"Costs and damages. Any person violating any provisions of this
Development Code, or permits issued in compliance with this
Development Code, shall be liable to the city for the costs incurred and
the damages suffered by the city, its agents and agencies as a direct
result of the violations. Costs shall include, but not be limited to, city
staff costs, attorney fees, expert fees and court costs."
Section 3. Subparagraph (1) of Section 22.78.070 of the Diamond Bar Municipal
Code is hereby amended to read as follows:
"Record of costs. The department shall maintain records of all administrative
costs, incurred by responsible city departments, associated with the processing
of violations and enforcement of this Development Code, and shall recover the
costs from the property owner, in compliance with this section. Staff time shall be
calculated at an hourly rate established and revised from time to time by the
council. Attorney and expert time shall be based on the hourly rates paid by the
city for those services."
PASSED, APPROVED AND ADOPTED this 5th day o ujy 2011.
t9,
Steve ye, Mayor
NACCSTAFF\6.5.doc
I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 21stday of June, 2011, and was finally passed at the
regular meeting of the City Council of City of Diamond Bar held on the 5th day of
June , 2011, by the following vote:
AYES: Council Members: Herrera, Tanaka, MPT/Chang,
M/Tye
NOES: Council Members: None
ABSENT: Council Members: Everett
ABSTAIN: Council Members: None
ATTEST
Tommye Cribbins. City Clerk
N:\CCSTAFF\6.6,doc