HomeMy WebLinkAbout2009-9 - Amending Section 10.50.160 of Chapter 10.50 of Title 10 of the Newport Beach Municipal Code, Pertaining to Nuisance Abatement.ORDINANCE NO. 2009-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 10.50.160 OF
CHAPTER 10.50 OF TITLE 10 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO NUISANCE
ABATEMENT
The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach
Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 10.50.160 of Chapter 10.50 is hereby amended to read as follows:
Section 10.50.160 Alternative Actions.
A. Nothing in this chapter shall be deemed to prevent the City Council from authorizing
the City Attorney to commence a civil action to abate the nuisance in addition to,
alternatively to, or in conjunction with the proceeding set forth in this chapter, nor
shall anything in this chapter be deemed to prevent the City from commencing a
criminal action with respect to the violation of this chapter.
B. This chapter is not the exclusive regulation of property maintenance. It shall be
supplemental in addition to other regulatory codes, statutes and ordinances
heretofore or hereinafter enacted by the City, State of California, or any other legal
agency having jurisdiction.
C. Each day that an owner allows a public nuisance to remain on his/her property shall
be considered a violation of this code and may be punished as provided in Chapter
1.04 or Chapter 1.05 of this code.
D. The prevailing party in any judicial action or administrative proceeding to abate a
nuisance shall recover the attorneys' fees and costs incurred as follows:
1. The recovery of attorneys' fees shall be limited to those individual judicial actions
or administrative proceedings in which the City elects, at the initiation of the
individual judicial action or administrative proceeding, to seek recovery of its own
attorneys' fees; and
2. In no judicial action or administrative proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees incurred by
the City in the judicial action or administrative proceedings; and
3. Attorneys' fees and costs may include, but not be limited to, costs and expenses
related to the use of expert witnesses incurred in the evaluation and /or
prosecution of any nuisance abatement proceedings pursuant to the provisions
of this Chapter.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper
of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 10thday of March 2009 and adopted on the 24th
day of March 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Rosansky,
curry, Webb, Gardner, Daigle, Mayor Selich
NOES, COUNCILMEMBERS None
ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B
DAVID R. HUNT, `ITYATTORNEY
2
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2009 -9 was duly and regularly introduced on the 10th day of March, 2009, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 24th day of March, 2009, and that the same was so passed and adopted by the following vote,
to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of March, 2009.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -9 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following date, to wit: March 28, 2009.
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In witness whereof, I have hereunto subscribed my name this day of
2009.
41,61 2
City Clerk
City of Newport Beach, California