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07-08-2015 Additions
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RIVERSIDE MUNICIPAL CODE RIVERSIDE, CALIFORNIA <br />ten calendar days after service, it shall be deemed final. (Ord. 6844 § 9, 2006; Ord. 6724 § 8, <br />2004; Ord. 6515 § 3, 2000) <br />Section 6.15.042 Recovery of attorneys' fees and report of attorneys' fees. <br />In any action, administrative proceeding, or special proceeding to abate a nuisance, the <br />prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys' fees <br />by the prevailing party shall be limited to those individual actions or proceedings in which the <br />City elects, at the initiation of that individual action or proceeding, to seek recovery of its own <br />attorneys' fees. <br />In no action, administrative proceeding, or special proceeding shall an award of <br />attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred <br />by the City in the action or proceeding. The City Attorney's Office shall thereafter cause a report <br />of the action and an accurate account of costs to be filed with the City Clerk of the City of <br />Riverside. (Ord. 6515 § 3, 2000) <br />Section 6.15.043 Treble damages. <br />Upon entry of a second or subsequent civil or criminal judgment within a two-year period <br />finding that an owner of property is responsible for a condition that may be abated in <br />accordance with this ordinance, except for conditions abated pursuant to Section 17980 of the <br />Health and Safety Code, related to substandard buildings, the court may order the owner to pay <br />treble the costs of the abatement. (Ord. 6515 § 3, 2000) <br />Section 6.15.045 Protest of abatement costs. <br />A. The property owner may protest the cost of abatement by filing a written request for a <br />hearing on the abatement costs with the Code Enforcement Manager, and the Code <br />Enforcement Manager shall cause a Hearing Officer to be appointed to hear the protest. At the <br />time fixed for the hearing on the statement of abatement costs, the Hearing Officer shall <br />consider the statement and protests or objections raised by the person liable to be assessed for <br />the cost of the abatement. <br />B. The Hearing Officer may revise, correct or modify the statement as the Hearing <br />Officer considers just and thereafter shall confirm the cost. <br />C. The decision of the Hearing Officer shall be in writing and shall be served by mail. <br />The decision of the Hearing Officer on the abatement costs shall be final. <br />D. Any appeal of the Hearing Officer's decision shall be governed by California Code of <br />Civil Procedure Section 1094.6 or such section as may be amended from time to time. (Ord. <br />6844 § 10, 2006; Ord. 6724 § 9, 2004; Ord. 6515 § 4, 2000; Ord. 5910 § 1, 1991) <br />Section 6.15.050 Council action. <br />A. If the property owner does not pay the cost of abating the nuisance within thirty <br />calendar days after the cost becomes final or the hearing officer confirms the costs of <br />abatement, the cost shall become a special assessment against the real property upon which <br />the nuisance was abated. The assessment shall continue until it is paid, together with interest <br />at the legal maximum rate computed from the date of confirmation of the statement until <br />payment. The assessment may be collected at the same time and in the same manner as <br />ordinary municipal taxes are collected and shall be subject to the same penalties and the same <br />procedure and sale in case of delinquency as provided for ordinary municipal taxes. <br />B. The City Council shall adopt a resolution assessing such unpaid costs of abatement <br />as liens upon the respective parcels of land as they are shown upon the last available <br />assessment roll. (Ord. 6724 § 10, 2004; Ord. 6515 § 5, 2000; Ord. 5910 § 1, 1991) <br />Section 6.15.055 Imposition of special assessment lien and notice. <br />A. The City Clerk shall prepare and file with the County Auditor a certified copy of the <br />
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