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Lennox moves to let courts award legal fees in code-enforcement cases with Ordinance 6-61
Summary
Council approved Ordinance 6-61, allowing the city to request that courts award legal fees in successful code-enforcement and property-maintenance cases; staff and the city attorney said it increases the chance of recovering costs but is not guaranteed.
The Lennox City Council approved Ordinance 6-61, a change that would allow the city to ask courts to award legal fees and court costs to the city in property maintenance and code-enforcement actions.
City staff and the city attorney (Brett) told the council legal fees and court costs have become a significant line item in the municipal budget for cases that reach court. The ordinance creates a statutory basis for the city to request that defendants pay the city's legal costs; staff emphasized judges retain discretion and there is no assurance fees will be awarded in every case.
Brett and staff said the ordinance is intended to shift some costs in cases where court action is necessary but that voluntary compliance remains the preferred outcome. "This isn't what we want either... the last thing we want is to have to take these things in court," a council speaker said. The council voted to adopt the ordinance.
Staff did not provide an estimate of future recoveries; council members posed brief questions about deterrent effects but did not require additional changes before approval.
