320A.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)    Where this chapter imposes a greater restriction upon land than is imposed or required by other Community provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.
   (b)    If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
   (c)   These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
   (d)    Failure of the Community to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Community, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
   (e)   Consultations:  In implementing these regulations the City Engineer or other City officials may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant or his or her designated representative.
(Ord. 2011-4.  Passed 1-3-11.)