![]() ![]() ![]() A concert is in full swing in an Oak land, California, warehouse. The 12-story Champlain Towers South condo building in Surfside, Miami-Dade, Florida, collapses in the middle of the night and kills dozens of people.ĭecember 2, 2017. National Importance of Effective Municipal Code Enforcement As discussed below, Mugar means that California cities may rely with clear confidence on hired legal expertise to ensure that they can maximally enforce dangerous code violations and prioritize the health and safety of the public in a fiscally fair and sustainable manner and it offers lessons for other jurisdictions nationwide.Ī. It also rejects any suggestion that cost recovery, as allowed by statute, is fundamentally violative of any federal constitutional right. The Mugar decision forcefully signals to these cities and counties that access to outside legal counsel in the realm of code enforcement is squarely permissible and clearly necessary under California law. Noticing the fact that “t least 384 cities in the state of California employ outside counsel to perform special prosecution and/or city attorney services,” the California Court of Appeal recently ruled in favor of the city of Norco in City of Norco v. Hiring outside counsel in complex, specialized matters and recovering enforcement costs is crucial for local jurisdictions across the nation, especially in the code enforcement and nuisance abatement context. Published in November 2021 Issue of ELR – The Environmental Law Reporter ![]() Farjeat, Founding Partner Matthew Silver, and Intern Nicolas Jaber ![]()
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