HomeMy WebLinkAboutOrd. 1387-2007ORDINANCE NO. 1387-07
AN ORDINANCE, AMLNDIN(T TITLE 8, CHAP"1 ER 8.54, SECTION
8.54.20,5 OF 1'HL SOU 1 H SAN FRANCISCO MUNICIPAL CODF.
RELATED TO COMMUNIrhY PRESERVATION AND COST
RECOVERY OF PUBLIC NUISANCIJ ABA T E.MIJNrh
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as
follows:
SECTION L AMENDMENTS.
The City Council hereby amends Section 8.54.205 of the South San Francisco Municipal Code to
read as follows:
8.54.205 Definition of costs. For the purposes of this chapter, "costs" shall mean
administrative costs, including staff time expended and reasonably related to nuisance abatement
cases, for items including, but not limited to, investigation, site inspection and monitoring,
reports, telephone contracts, correspondence and meetings with affected parties, as well as all
attorneys fees for the prevailing party incurred pursuant to abatement proceedings, including but
not limited to filing fees and fees for witnesses, and the actual costs of abating the violation. The
prevailing party shall be entitled to recovery of its attorneys' fees from the other party only if, at
the outset of the action, the city elects to recover its attorneys' fees. Any recovery of attorneys'
fees pursuant to this section shall be subject to the terms and conditions set forth in subdivision
(b) of Government Code section 38773.5 and any successor statutes thereto.
SECTION 2. SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,
such section or portion shall be deemed severable and all other sections or portions hereof shall
remain in full force and effect.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting for or
against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption.
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Introduced at a regular meeting of the City Council of the City of South San Francisco, held
the 25th day of July, 2007.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City
Council held the 8th day of August, 2007 by the following vote:
AYES: Councilmembers Addie_go Matsumoto Fernekes Vice Mayor Gonzalez and
Mayor Garbarino
NOES: None
ABSTAIN: None
ABSENT: None ~
' ATTEST:;
City Clerk peputy Ctty Clerk
i°~~
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
this 8th day of August, 2007.
Q~i~I~
Richard A. Garbarino, Mayor
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