As reported by Fred Swegles in “Law on fees could help or hurt San Clemente” (an article published in the March 12, 2010 The Orange County Register), San Clemente, CA is looking to update a local law to force the losing party in a code enforcement action to pay attorney’s fees.
Based on the fact San Clemente reports it has never lost a nuisance abatement or a code enforcement action, it apparently is responding to an unidentified published court decision making it necessary to reword the ordinance to allow for recovery of fees. The article from Mr. Swegles suggests that the new language will be reciprocal, meaning the City could bear fees should it lose.
We believe that the article is referencing Woodland Park Mgt., LLC v. City of East Palo Alto Rent Stabilization Bd., a decision examined in our February 2, 2010 post.
San Clemente Poolside Richard M. Nixon
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