12.92.170 Violations--Penalties and remedies.

A.    The remedies provided for under this section, are in addition to any the City or any person might have under applicable law.

B.    Any person violating or causing the violation of this chapter, shall be guilty of an infraction as provided for in Berkeley Municipal Code Section 1.20.020, in addition to any other remedies provided for in this chapter or under applicable law. Except that any owner cited for violation of Section 12.92.030C. because of the existence of graffiti on their property shall not be liable for any fines provided for under this section if the graffiti is caused by vandals and the owner makes a good faith effort to maintain the property free of graffiti and removes graffiti.

C.    Any property owner ordered by the City to abate a property nuisance pursuant to this chapter on two or more separate occasions within a one year period, shall be liable to the City for a civil penalty of five hundred dollars for each separate order to abate beginning with the second such order within a one year period, except as provided in Section 12.92.170B.

D.    The City Attorney may bring an action under this section on behalf of the City for injunctive or other relief, including an action for public sale of the property to pay any outstanding liens. In such an action, the City shall recover its costs of abatement, and court costs in addition to civil penalties.

E.    Any person who owns or occupies any premises on the same City block on which the nuisance exists under this chapter or who lives within five hundred feet of such a nuisance (hereafter "aggrieved person") may file a civil action to abate such nuisance only if pursuant to Section 12.92.050 of this chapter the City has notified the owner to abate the nuisance, the aggrieved person offered to mediate the dispute with the small property owner as provided in Section 12.92.050J., and the owner either refused or mediation did not resolve the matter and the owner has failed to abate the nuisance in the manner required by the City. In any action brought under this subsection, the court may grant all appropriate relief against the property owner causing the nuisance, including public sale of the property, damages and costs which the aggrieved person may have incurred as a result of such nuisance.

F.    In any action brought under this section, the court shall award reasonable attorney’s fees to any prevailing plaintiff, including the City. Any aggrieved person who initiates a civil action under this section, shall file a copy of their complaint against the property owner and a copy of the court’s decision with the City Clerk. (Ord. 6303-NS § 17, 1995: Ord. 6169-NS § 6, 1993: Ord. 6157-NS § 19, 1992)