§ 20-26. Other remedies not excluded—Recovery of costs
Latest version.
(a) The procedure for abatement set forth in this chapter is an alternative procedure
to any other procedure permitted by state or local law and shall neither prohibit
the use of any other lawful abatement procedure nor be deemed to prevent the city
council from ordering the commencement of any civil action to abate a nuisance as
an alternative to or in conjunction with the proceedings set forth in this chapter.
In addition thereto, any nuisance that is defined as a misdemeanor by any provision
of any city code may be abated by criminal prosecution.
(b) The prevailing party in any action, administrative proceeding, or special proceeding
to abate a nuisance pursuant to this chapter shall be entitled to its reasonable attorneys'
fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation
of the action, administrative proceeding, or special proceeding; and (2) the award
of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred
by the city in the action or proceeding.
(c) Notwithstanding any other provision of this chapter, the costs of abatement, including
incidental expenses, as confirmed either by the director or the planning commission
after appeal, may be assessed against the owner(s) of the property subject to abatement
as a debt personal to the owner(s) and as a lien on the property. In the event the
director or the city council assesses the costs of abatement against the owner(s)
personally, the assessment shall be due and payable within twenty (20) days after
service thereof in accordance with section 20-16. In the event such assessment is not paid with twenty (20) days, the city may commence
any legal proceeding available to it including, but not limited to, suit in small
claims court, municipal court or superior court to recover the costs of abatement,
or may permit the lien to be assessed against the property, or both. Any determination
as to the method of collection shall not operate or be construed as an election of
remedies.
