Glendora: Proposed Ordinance 2057 Restoration Of Legal Service fees And Treble Damages

December 11, 2020

PROPOSED ORDINANCE NO. 2057

AN ORDINANCE Incorporating SECTIONS 9.36.300 AND 9.36.400 TO THE GLENDORA MUNICIPAL TO Deliver AUTHORITY FOR Recovery OF ATTORNEYS’ Fees AND IMPOSITION OF TREBLE DAMAGES IN General public NUISANCE ABATEMENT Steps

THE Town COUNCIL

Metropolis of Glendora, California

Whereas, Government Code § 38773.5 authorizes a city to supply, by ordinance, for the recovery of attorneys’ expenses in any motion, administrative proceeding, or special continuing to abate a nuisance and

Whereas, Authorities Code § 38773.7 authorizes a town to present, by ordinance, that on entry of a second or subsequent civil or criminal judgment inside of a two-calendar year period acquiring that an operator of residence is responsible for a general public nuisance issue that may possibly be abated in accordance with an ordinance enacted pursuant to Federal government Code §§ 38773.5 and 38773.6, except for ailments abated pursuant to Overall health & Security Code § 17980, the court may well order that particular person to spend treble the expenses of abatement and

Whereas, the Town Council now needs to amend the Glendora Municipal Code to give authority for recovery of attorneys’ charges in nuisance abatement instances commonly and imposition of treble damages versus house proprietors on entry of a 2nd or subsequent civil or prison judgment inside of a two-yr period obtaining that the residence proprietor is responsible for specific sorts of public nuisance conditions.

THE Metropolis COUNCIL OF THE City OF GLENDORA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Segment 1. The Metropolis Council hereby finds that the higher than recitals are real and right and incorporated herein by this reference.

Area 2. Portion 9.36.300 is hereby extra to the Glendora Municipal Code to read through, in its entirety, as follows (deletions marked in strikethrough, additions in daring and italics):

“9.36.300. Treble damages.

In addition to the penalties presented for in this chapter, on entry of a second or subsequent civil or criminal judgment within a two-calendar year period towards an operator of a assets responsible for a general public nuisance and issue to this chapter, the metropolis is licensed to request that the court docket purchase the owner to spend treble the expenditures of abatement, besides if any this kind of judgment relates to an abatement of problems pursuant to California Well being and Security Code § 17980.”

Area 3. Portion 9.36.400 is hereby extra to the Glendora Municipal Code to go through, in its entirety, as follows (deletions marked in strikethrough, additions in daring and italics):

“9.37.400.

1. The prevailing party in any motion, administrative continuing, or distinctive continuing to abate a public nuisance, or in any attractiveness or other judicial motion arising therefrom, shall be entitled to get better its affordable attorneys’ service fees. Restoration of attorneys’ costs shall be minimal to those people actions or proceedings in which the town elects, at the initiation of that particular person action or proceeding, to seek recovery of its have attorneys’ expenses. In no motion or continuing shall an award of attorneys’ expenses to a prevailing party exceed the quantity of reasonable attorneys’ charges incurred by the metropolis in the motion or proceeding.
2. In addition to the award of attorneys’ expenses pursuant to the provisions of subsection A of this section, the prevailing get together in any motion, administrative proceeding, or unique continuing to abate a community nuisance, or in any attractiveness or other judicial motion arising therefrom, shall be entitled to recover its reasonable attorneys’ costs incurred in any post-judgment proceedings to accumulate or enforce the judgment.”

Segment 4. Adoption of this ordinance is exempt from the California Environmental Good quality Act (“CEQA”) underneath Area 15061(b)(3) of the CEQA Rules, which provides that CEQA only applies to jobs that have the probable for triggering a considerable result on the setting. It can be witnessed with certainty that there is no chance that adoption of this ordinance, amending present sections to the City’s municipal Code to explain the intent, will have a important outcome on the natural environment. Hence, adoption of this ordinance is not subject matter to CEQA.

Segment 5. If any part, subsection, sentence, clause, or phrase of this ordinance is for any explanation held to be invalid or unconstitutional by a determination of any courtroom of any proficient jurisdiction, this sort of choice shall not influence the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance, and just about every and each part, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional with no regard to no matter if any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Segment 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a moment of the passage and adoption thereof in the documents of and the proceedings of the Metropolis Council at which the similar is handed and adopted. This ordinance shall be in total drive and result thirty (30) times right after its last passage and adoption, and inside fifteen (15) days following its last passage, the Town Clerk shall trigger it to be posted and revealed in a newspaper of basic circulation in the fashion necessary by regulation.

CERTIFICATION

I, Kathleen R. Sessman, Town Clerk of the Metropolis of Glendora, do hereby certify that the foregoing Ordinance was launched for initially looking at on the 8th working day of December, 2020 by the adhering to roll simply call vote:

AYES: COUNCIL Customers: Boyer, Davis, Thompson, Allawos, and Nelson.

NOES: COUNCIL Customers: None.

ABSENT: COUNCIL Associates: None.

ABSTAIN: COUNCIL Users: None.

KATHLEEN R. SESSMAN,

City Clerk /Communications Director

The Metropolis Council will consider adoption of claimed ordinance at their conference to be held January 12, 2021, at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora.

See IS Even further Given that if Govt Orders issued by Governor Newsom and/or the crisis declarations related to COVID-19 are continue to in influence, the meeting will occur by means of Zoom Video Communications enter assembly ID# cityofglendora.org/zoom, and will get started at 6:00 p.m.

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This push release was manufactured by the Metropolis of Glendora. The views expressed below are the author’s own.