15.12.140 Enforcement.
A. Any party that violates any provision of this title shall be liable for civil or criminal penalties, as appropriate, to the full extent provided by state law and this title. This liability may include, but is not limited to, liability for administrative civil penalties, as provided in Section 15.12.150. The remedies provided for under this section are in addition to any the City or any person might have under any other applicable law.
B. Except as otherwise provided, violations of this title are misdemeanors, but may be charged as infractions as provided in Chapter 1.20, in the discretion of the citing officer.
C. Any condition of property which is a violation of this title is hereby declared to be a public nuisance, which shall be subject to the provisions of Chapter 1.24.
D. The hazardous materials manager may cooperate with the City Attorney or the District Attorney as appropriate, in bringing judicial action to enforce any provision of this title. These actions may seek the penalties and relief to the full extent provided under the law, including recovery of the reasonable costs of the City of Berkeley and the District Attorney in prosecuting the enforcement action.
E. Remedies under this chapter are cumulative.
F. The City may recover the costs set forth in subsection G of this section in any administrative proceeding conducted under the authority of this title or Health and Safety Code Section 25404 et seq., any nuisance abatement action under Chapter 1.24, or any civil action filed pursuant to this title, to the extent the City is successful in such proceeding or action.
G. The following costs shall be recoverable:
1. Inspection and reinspection costs;
2. Costs of remediation, if any;
3. Other enforcement costs;
4. Hearing officer costs if a state hearing officer is used;
5. Incidental hearing costs, such as transcripts, transportation, duplication, filing and service costs; and
6. Other personnel costs to the extent reasonably necessary to enforce the law or remediate a violation of law.
H. In any civil action filed pursuant to this chapter, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided, that, pursuant to Government Code Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. (Ord. 7175-NS § 1, 2011: Ord. 6824-NS § 3, 2004)