§ 15.05.130. Citizen review.  


Latest version.
  • A.

    Any person other than persons responsible for enforcement of this title may commence a civil action on his own behalf against any person who is alleged to be in violation of any provision of this title. The Superior Court, Third Judicial District, shall have jurisdiction without regard to the amount in controversy to enforce such ordinance or rule, regulation, permit, variance or order issued pursuant to this title and to grant such relief as it deems necessary.

    B.

    No action may be commenced under subsection A of this section either prior to 30 days after the plaintiff has given written notice of the alleged violation to the department, or after the municipality has commenced and is diligently prosecuting an action against the alleged violator with respect to such violation, but in such action any affected person may intervene as a matter of right. Notice under this subsection shall be given in the manner prescribed by section 15.05.100 for service of notices.

    C.

    In any action under this section the municipality, if not a party, may intervene as a matter of right.

    D.

    The court in issuing any final order in any action brought pursuant to subsection A of this section may at its discretion award costs of litigation, including full reasonable attorney's fees, to any party.

(AO No. 79-80(AM); AO No. 80-2; AO No. 80-70; AO No. 80-131; AO No. 2016-76(S), § 5, 7-12-16 )