§ 49-7. Liability.

a.

In any enforcement action brought pursuant to this Article, whether by administrative proceedings, judicial proceedings or summary abatement, the person who creates or has created the nuisance, either directly or indirectly, for example, an owner of Residential Rental Property, as defined in Section 31-11.445, who has failed to comply with Butte County Code section 31-50(c), by failing to maintain a continuous subscription for regular refuse removal by a licensed refuse hauler when said property is occupied; shall be liable for all costs set forth in Chapter 3, Article XVI (beginning with Section 3-150) of this code incurred by the county, including, but not limited to, administrative costs and any and all cost incurred to undertake, or to cause or compel any responsible party to undertake any abatement action in compliance with the requirements of this Chapter, whether those costs are incurred prior to, during or following enactment of this chapter.

b.

In any action by the County to abate a nuisance under this chapter, whether by administrative proceedings, judicial proceedings or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. Recovery of attorneys' fees under this section shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.

c.

Unless otherwise expressly indicated, the standard of liability imposed by this Article is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

d.

The scope of liability in this chapter is joint and several for any person who has caused, created or contributed to a violation and/or a nuisance as defined in this Article, is joint and several. Any person seeking to apportion the harm must demonstrate by clear and convincing evidence that the component of harm which is sought to be apportioned is scientifically and technologically susceptible to apportionment, that there is a reasonable and practicable basis for apportioning the harm, and that the separate abatement activity proposed for that harm is a practicable, safe, efficient, reliable and cost-effective in providing the degree of protection of the public health, welfare and the environment as the abatement activity or activities, if any, proposed by the Enforcement Officer.

(Ord. No. 3900, § 1, 1-25-05; Ord. No. 3914, § 6, 10-13-05)