§ 8.34.140. Responsibility for cost of abatement.

A.

The identification, declaration, and abatement of any public nuisance by the city as prescribed in this chapter or elsewhere in this code shall be at the sole expense of the persons creating, causing, committing, or maintaining such nuisance. The cost of identifying, declaring, and abating any public nuisance shall include, without limitation, inspection costs; investigation costs; attorney's fees and costs, if elected by the city as set forth in subsection B of this section, below; costs to repair and eliminate all conditions constituting a public nuisance; and costs of levying a special assessment on the property, if such assessment is necessary.

B.

In any action or administrative proceeding to abate a public nuisance, the prevailing party shall be entitled to recover its reasonable attorney's fees, but only if the city elects in writing, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees. In no event shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.

C.

Should the proceeds of the sale of any salvage material exceed the cost of such abatement, the balance if any, shall be paid to the owner of the premises from which the nuisance was abated, when his property claim is established.

(Ord. 2002-9 Div. II, 2003; Ord. 92-13 Divs. 1, 2 (part), 1992.)