Title
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.140 TO SPECIFY THAT ATTORNEYS' FEES MAY BE RECOVERED BY THE PREVAILING PARTY IN NUISANCE ABATEMENT PROCEEDINGS WHEN THE CITY, AT THE OUTSET OF AN ACTION OR PROCEEDING, ELECTS TO RECOVER ITS OWN FEES (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.
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SUMMARY
Staff is recommending that the City Council adopt proposed Ordinance XXX in order to specify that, in accordance with Government Code section 38773.5, attorneys' fees may be recovered by the prevailing party in nuisance abatement actions or proceedings when the City, at the outset, elects to seek recovery of its own attorneys' fees. These amendments will ensure that the City's attorneys' fees provision is consistent with state law and provide a more secure platform for requesting such fees.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
This activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
California Government Code section 38773.5 creates a statutory basis for cities to enact an ordinance providing for the recovery of attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. In accordance with Government Code section 38773.5...
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