Perris Municipal Code Ch. 1.17 Civil Enforcement

The provisions of this chapter shall apply to the Perris Municipal Code and all ordinances of the city.

(Ord. No. 1394, § 3, 10-27-2020)

In addition to the penalties provided in section 1.16.005, any condition caused or permitted to exist in violation of any of the provisions of the Perris Municipal Code or any ordinances of the city is a public nuisance and may be abated as such. Each day such condition continues shall be regarded as a new and separate violation.

(Ord. No. 1394, § 3, 10-27-2020)

(a) Commencement of action. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the city, through its city attorney or such other authorized legal counsel, may commence a civil action against the responsible person in the California Court of Competent Jurisdiction to prevent, restrain, correct, and/or abate the code violation or public nuisance, and to recover enforcement and abatement costs, including reasonable attorneys' fees and costs, as well as any other damages and relief to which the city may be entitled, as authorized by Government Code section 38773.5(b).

(b) Notice of pendency. Upon the commencement of a civil action, the city may record a notice of pendency of action in each case where the code violation or public nuisance affects title to, or the right to possession of, specific real property, or use of an easement, against the real property owned, leased, or possessed by a responsible party, as provided in Code of Civil Procedure section 405.4.

(c) Relief sought. The city may seek any order or judgment from a court against any responsible person that is reasonably likely to prevent, restrain, correct, or abate the violation or public nuisance or to compensate the city therefore including, but not limited to, any and all of following:

(1) Injunctive relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions to restrain and enjoin the responsible person from causing, permitting or continuing a public nuisance, from using or occupying any real property, buildings, dwellings or structures in violation of the code, from engaging in specified actions which are reasonably likely to lead to a violation of the Perris Municipal Code or any ordinance of the city, or from any act or omission which threatens or endangers the public health, safety or welfare;

(2) Orders requiring the correction of a code or ordinance violation or abatement of a public nuisance by repairing, rehabilitating, razing, demolishing or removing any building or structure, or by grading, clearing, grubbing or cleaning any real property by removing trash and debris, by ceasing any use or activity that is in violation of the provisions of this code or by other appropriate remedy approved by the court;

(3) Judgments for recovery of damages incurred by the city, awards of enforcement costs and any abatement costs, and reasonable attorneys' fees incurred by the city related to the code or ordinance violation or public nuisance, and for such other and further relief as the court may grant.

(Ord. No. 1394, § 3, 10-27-2020)

(a) In any action brought pursuant to this chapter, the city shall be entitled to recover from each responsible person, jointly and severally, upon entry of an order or judgment against said person or persons, for a code or ordinance violation or public nuisance, its enforcement costs and any abatement costs, in an amount approved by the court, incurred by the city related to the code or ordinance violation or public nuisance.

(b) Upon entry of each subsequent civil order or judgment within a one year period, finding that the responsible person was responsible for the code or ordinance violation or public nuisance, the court may order the responsible person to pay treble damages to the city equal to three times amount of the enforcement and abatement costs incurred by the city related to the code or ordinance violation or public nuisance.

(c) Pursuant to California Government Code Section 38773.5.(b), where the city makes a demand for the recovery of its attorneys' fees and costs at the initiation of a civil action commenced by the city under this chapter, the prevailing party in said action shall be entitled to recovery of that party's attorneys' fees in an amount not to exceed the amount of reasonable attorneys' fees and costs incurred by the city in said action.

(Ord. No. 1394, § 3, 10-27-2020)