CC - Item 5C - Urgency Ordinance No. 950 - Authorizing the Collection of Attorneys' Fees in Actions to Abate A Public NuisanceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: FEBRUARY 10, 2015
SUBJECT: URGENCY ORDINANCE NO. 950 —AUTHORIZING THE COLLECTION
OF ATTORNEYS' FEES IN ACTIONS TO ABATE A PUBLIC NUISANCE
SUMMARY
The Rosemead Municipal Code currently identifies conditions that constitute public
nuisances, and provides procedures for both the voluntary and summary abatement of
such nuisances. California Government Code section 38773.5 authorizes the City to
provide for the recovery of attorneys' fees in any action, administrative proceeding, or
special proceeding to abate a nuisance.
As documented through past enforcement actions, nuisance abatement procedures can
be time - consuming and result in significant costs to the City. In order to ensure that the
City is able to recoup as much of its costs as possible in future successful nuisance
abatement proceedings, it is necessary for the City to adopt a procedure in accordance
with Government Code section 38773.5 that authorizes the prevailing party to recover
attorneys' fees. The public health, safety, and welfare further requires that this
Ordinance be enacted as an urgency ordinance to safeguard the orderly administrative
operations of the City and reduce financial impacts that may otherwise arise out of
nuisance abatement actions that are anticipated in the near future.
Staff Recommendation:
Staff recommends that the City Council adopt Urgency Ordinance No. 950, at its first
reading, authorizing the collection of Attorneys' fees in actions to abate a public
nuisance.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Rachel Richman
City Attorney
ITEM NUMBER: w
ORDINANCE NO. 950
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
ADDING SECTION 1.16.040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL
PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO AUTHORIZE THE
COLLECTION OF ATTORNEYS' FEES IN ACTIONS TO ABATE A PUBLIC
NUISANCE
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City
to enact and enforce ordinances that regulate conditions which may be public nuisances
or health hazards, or that promote social, economic or aesthetic considerations; and
WHEREAS, California Government Code section 38773.5 authorizes the City to
pass ordinances that provide for the recovery of attorneys' fees in any action,
administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, the Rosemead Municipal Code identifies conditions that constitute
public nuisances and provides procedures for the voluntary as well as summary
abatement of such nuisances; and
WHEREAS, based on previous enforcement actions, the City has suffered
substantial costs in abating public nuisance conditions and now desires to provide for
the recovery of attorneys' fees in accordance with Government Code section 38773.5
in an effort to recoup certain costs in the future; and
WHEREAS, Government Code section 36937 authorizes the adoption of an
urgency ordinance for the immediate protection of the public health, safety and welfare;
and
WHEREAS, the City Council finds that this Ordinance must take effect
immediately to preserve the public peace, health and safety. There are currently code
enforcement actions that are either pending or anticipated in the near future, and the
public health, safety and welfare require approval of this urgency ordinance immediately
to provide for the orderly administration of the City and to minimize the financial impact
that such actions may otherwise have on the City's code enforcement activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
SECTION 1 . The City Council of the City of Rosemead hereby adds Section
1.16.040 to Chapter 1.16 of Title 1 (General Provisions) of the City of Rosemead
Municipal Code to read as follows:
1.16.040 —Attorneys' Fees.
Under California Government Code section 38773.5, in any action, administrative
proceeding, or special proceeding brought to abate a public nuisance, the prevailing
party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be
available in those actions or proceedings in which the city has provided notice at the
commencement of such action or proceeding that it intends to seek and recover its own
attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the
amount of reasonable attorneys' fees incurred by the city in the action or proceeding."
SECTION 2. Government Code section 36937 Declaration of Facts
Constituting Urgency. As further described in the Recitals above and in order to avoid
prohibitive costs resulting from actions to abate public nuisances in furtherance of the
public health, safety and welfare, it is necessary for the proper functioning of the City
and for the protection and preservation of the public peace, health, and safety that this
Ordinance be adopted as an urgency ordinance and that the ordinance take effect
immediately upon its adoption.
SECTION 3. Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this Ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Effective Date. This Ordinance is hereby declared an urgency
measure pursuant to the terms of California Government Code section 36937(b) and
will be effective immediately upon adoption by a four - fifths (4 /5th) vote of the City
Council.
SECTION 5. Publication. The City Clerk is directed to cause this Ordinance to
be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 10 day of February, 2015.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
Ordinance No. _was duly and regularly approved and adopted by the Rosemead City
Council on the _ day of 2015, by the following vote:
Yes:
No:
Absent:
Abstain:
Gloria Molleda
City Clerk