Attorney's fees

Upon the rendition of a judgment or decree by any court of competent jurisdiction in this state, against any person which results in favor of the city's chief fire code enforcement official, or designee thereof, in proceedings seeking to enforce any of the provisions of this chapter or the Florida Fire Prevention Code, the trial court shall adjudge or decree against the person and in favor of the city's chief fire code enforcement official, or designee thereof, a reasonable sum as costs and fees or compensation for the attorney representing the city's chief fire code enforcement official, or designee thereof, who prosecuted the suit in which the recovery was had. Where so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. This provision shall apply to all pending or prospective civil actions, legal or equitable, filed by the city's chief fire code enforcement official, or designee thereof, to enforce the provisions of this chapter or the Florida Fire Prevention Code. In the event of an appeal from a judgment rendered in proceedings seeking to enforce any provisions of this chapter or the Florida Fire Prevention Code and where the city's chief fire code enforcement official prevails, the appellate court shall award the city's chief fire code enforcement official, or designee thereof, a reasonable sum as costs and fees or compensation for the attorney representing the question in the appeal. Cessation, correction or remediation of any violation of the provisions of this chapter or the Florida Fire Prevention Code prior to a rendition of judgment or of a temporary or final decree, or prior to execution of a negotiated settlement, but after an action is filed by the city's chief fire code enforcement official, or his/her designee, to enforce the provisions of this chapter or the Florida Fire Prevention Code, shall be deemed the functional equivalent of an admission of guilt or verdict in favor of the city's chief fire code enforcement official, or designee thereof, for which attorneys' fees may be awarded by the trial court as set forth hereinabove.

(Ord. No. 10824, § 2, 1-10-91; Code 1980, § 19-21; Ord. No. 13201, § 2, 9-27-10; Ord. No. 13676, § 2, 4-27-17)