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HomeMy WebLinkAboutORD 850ORDINANCE NO. 850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 1.04.095 TO THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO FEES FOR ABATEMENT NUISANCES. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: That Section 1.04.095 be, and the same hereby is, added to the Municipal Code of the City of Palm Desert, California, to read as follows: "Section 1.04.095. Recovery of Attorneys' Fees in Nuisance Abatement Action. In any action, administrative proceeding or special proceeding, brought by the City to abate a nuisance, the prevailing party shall be entitled to a recovery of reasonable attorneys' fees. This section shall apply only if the City elects, at the initiation of the individual action or proceeding, to seek recovery of its own attorneys' fees. The amount of attorneys' fees in the action, administrative proceeding or special proceeding, shall not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding." [Statutory Derivation, Government Code, Section 38773.5(b).] SECTION 2: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert. RMPUB\DJE\568 Ordinance 850 PASSED, APPROVED and ADOPTED this 11th day of September , 1997, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, SPIEGEL and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATAST: SHEILA R. -MLIGANlerk City of Palm Desert, Cal' brqla RNPUB\DJE\568 2 City of Palm Desert, California