HomeMy WebLinkAbout2005-07-12; City Council; 18201; Attorney's Fees & Investigatory Expenses4 CITY OF CARLSBAD - AGENDA BILL
AB# 18,201
MTG. 7/12/05
DEPT. CA
- TITLE: DEPT. HD.
AMENDMENT CHAPTER 11.12 TO ADD ATTORNEY’S
FEES AND INVESTIGATORY EXPENSES TO CIVIL
ACTIONS FOR MONETARY DAMAGES
CITY ATTY.
ciw MGRm
RECOMMENDED ACTION:
Introduce Ordinance No. NS -762
expenses to civil actions for monetary damages to the Carlsbad Municipal Code.
, adding attorney’s fees and investigatory
ITEM EXPLANATION:
This item is proposed to amend section 11.12.16OC. As currently drafted this section does
not clearly permit the City to recover costs for attorney’s fees or investigatory expenses in
addition to monetary damages when enforcing this chapter. As proposed, this amendment
makes clear those expenses which are permitted to be recovered in a civil action to enforce
this chapter.
FISCAL IMPACT:
There is no way to predict an exact amount the City may recover due to this amendment
since it will depend on the number of civil actions filed in the future.
ENVIRONMENTAL REVIEW:
The activity is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. California CEQA Guidelines
§15061(b)3.
EXHIBITS:
1. Ordinance No. NS -762
2. Redline Version
Department Contact: Susanne M. Parsons, 434-2891
I
ORDINANCE NO. NS- 762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING SECTION 11.12.160C.
OF THE CARLSBAD MUNICIPAL CODE TO ADD
ATTORNEY’S FEES AND INVESTIGATORY EXPENSES TO
CIVIL ACTIONS FOR MONETARY DAMAGES
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I : That section 11.12.160C. of the Carlsbad Municipal Code is
amended to read as follows:
“In addition to any other remedy provided by this Code, any provision of
this Code may be enforced by civil action and an injunction; any violation of this Code
may result in civil penalties, monetary damages, attorney’s fees, and investigatory
costs .”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 12th day of July , 2005, and thereafter
Ill
Ill
Ill
Ill
Ill
Ordinance No. NS -762
Page 1 of 2 a
PASSED AND ADOPTED at a regular meeting ofthe City Council of the
, 2005, by the following vote, to City of Carlsbad on the
wit:
day of
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS -762
Page 2 of 2
3
REDLINE 11.12.160.C.
.. .. In addition to any
other remedy provided by this Code, any provision of this Code may be
enforced by civil action and an injunction; any violation of this Code may
result in civil penalties, for monetary damages V
wA+ma#y attorney’s fees, and investigatory costs.”
.. ..
4