If a demand under Ballot Measure 37 and this section is denied or not fully paid within 180 days of the date of filing a completed demand, the owner’s reasonable attorney fees and expenses necessary to collect compensation will be added as additional compensation provided compensation is awarded to the owner. If such demand is denied, not fully paid, or other action is taken under Ballot Measure 37, within 180 days of the date of filing a completed demand, and the owner commences suit or action to collect compensation, if the city is the prevailing party in such action, then city shall be entitled to any sum which a court, including any appellate court, may adjudge reasonable as attorney’s fees. In the event the city is the prevailing party and is represented by “in-house” counsel, the prevailing party shall nevertheless be entitled to recover reasonable attorney fees based upon the reasonable time incurred and the attorney fee rates and charges reasonably and generally accepted in McMinnville, Oregon for the type of legal services performed. (Ord. 4818 §1, 2004).