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1060.04  CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)   Where this chapter is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.
   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
   (c)   This chapter shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
   (d)   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
   (e)   In the event any provisions of this chapter conflict with provisions of Chapter 1058, the more stringent regulations shall prevail.
   (f)   In the event any provision of this chapter concerning the location, construction, maintenance, repair, grading or use of a detention facility, non-structural storm water management practice, structural storm water management practice, riparian area, water resource or wetland is in conflict with a provision of Chapter 1058 of these Codified Ordinances, the conflict, to the extent possible, shall be resolved by the Storm Water Program Manager. The Storm Water Program Manager shall consider factors in such decision that are based on permissible provisions that may allow grading, clearing or filling that may be necessary in conjunction with the construction of said practices as part of the overall approved SWP3 plans, and not in violation of other State or Federal regulations.
   (g)   In the event a conflict exists between the provisions of this chapter and the provisions of Chapter 1058 on matters concerning ongoing maintenance, repair, cleaning and use of an existing detention facility, non-structural storm water management practice, structural storm water management practice, riparian area, water resource or wetland, the conflict shall be resolved by the Storm Water Program Manager. The Storm Water Program Manager shall resolve conflicts in such a way that requires the least disturbance or interference with the then existing natural elements and features of such practices, yet is reasonable to enable the maintenance, repair or cleaning to be completed.
(Ord. 88-2012.  Passed 6-25-12; Ord. 26-2013. Passed 3-25-13.)