13.42.040 Remedies.

A.    This Chapter may be enforced as set forth in Chapters 1.20 and 1.28.

B.    Violation of any provision of this Chapter is hereby declared to be a public nuisance subject to abatement under Chapters 1.24, 1.26 and 23B.64.

C.    In any enforcement action, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided that, pursuant to Government Code Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

D.    Nothing in this section shall preclude the City from setting priorities in the use of its resources by enforcing this chapter against events that are the most disruptive or against properties at which disruptive events are held most often or on the basis of other similar legitimate factors.

E.    1. In determining the appropriate remedy, if any, for a public nuisance under this Chapter, the City shall consider factors such as the severity and impact of the nuisance, whether it was an isolated event that is not likely to recur and whether it was preventable. Remedies for public nuisance should be reasonably designed to address the nuisance that the City determines occurred.

2.    Nuisance determinations, and remedies for nuisances, applicable to Mini-dorms shall apply only to the unit or units involved in or causing the nuisance, and remedies shall be designed to affect residents of other units as little as feasible. No remedy based on the occurrence of a sexual assault may adversely affect the housing situation of a survivor of sexual assault.

3.    No remedy may be imposed on a GLA or Mini-dorm for actions or failure to take actions exclusively within the authority of the landlord or property manager.

F.    Determinations of public nuisance may result in further administrative citations, which may escalate based on the number of violations, and repeated violations at the subject property.

G.    Nothing in this Chapter is intended to create a monetary remedy against any Responsible Resident.

H.    Any resident of the City may bring a private action for injunctive relief to prevent or remedy a public nuisance as defined in this Chapter. No action may be brought under this subdivision unless and until the prospective plaintiff has given the City and the prospective defendant(s) at least 30 days’ written notice of the alleged public nuisance and the City has failed to initiate proceedings within that period, or after initiation, has failed to diligently prosecute. Notwithstanding subdivision (G), in any action prosecuted under this Section a prevailing plaintiff may recover reasonable attorneys’ fees. (Ord. 7631-NS § 5, 2018: Ord. 7455-NS § 8, 2016: Ord. 7337-NS § 4, 2014: Ord. 7226-NS § 1 (part), 2012)