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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