HomeMy WebLinkAboutORD 08 (2012)ORDINANCE NO. 08(2012)
AN ORDINANCE AMENDING DIAMOND BAR MUNICIPAL CODE
SECTION 1'.04.010(e) REGARDING AWARD OF ATTORNEY'S FEES
AND COSTS IN NUISANCE ABATEMENT ACTIONS.
The City Council for the City of Diamond Bar does ordain as follows:
SECTION 1: Section 1.04.010(e) of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended in its entirety to read as follows:
"(e) Public nuisance. In addition to the penalty provisions set forth in paragraphs (a),
(b), (c), and (d) of this section, any condition, use or activity caused or permitted
to exist in violation of the provisions of this Code or -in violation of any permit,
license, approval or entitlement shall be deemed a public nuisance and may be
abated by the city by any lawful means, including but not limited to administrative
abatement proceedings, cost recovery proceedings pursuant to Section
22.78.070, restraining order or injuncition. Attorney's fees, expert fees, and court
costs shall be awarded to the prevailing party in any action taken by the city to
abate a public nuisance pursuant to this section andlor Chapter 22.78 of this
Code if, and.only if, the city seeks the award of attorney's fees and court costs at
the initiation'of such legal action or proceeding. The attorney's fees recoverable
pursuant to this section shall be limited to the reasonable attorney's fees incurred
by the city in the legal action or proceeding, regardless of the actual cost of any
party's attorney's fees."
SECTION 2: CEQA. This ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
because it establishes rules and procedures to permit operation of existing facilities;
consists only of minor revisions and clarifications to existing regulations and
specification of procedures related thereto; and consists of actions taken to assure the
maintenance, protection and enhancement of the environment. This ordinance,
therefore, does not.have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code
Regs. §§ 15301, 15305, and 15308.
SECTION 3: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Diamond Bar's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (.15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 4: This Ordinance will take effect on the 31 st day following its final passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 17th day of April, 2012.
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1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 17the day of April, 2012, and adopted by the City
Council of the City of Diamond Bar, at a regular meeting of the City Council held on the
1 st day of May 2012, by the following vote:
AYES: Council Member: Everett, Herrera, Tye, MPT/Tanaka,
M/Chang
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: . Council Member: None
Tamm Cribbins, City Clerk
City of Diamond Bar