Loading...
(a) The Code Official shall have the authority to promulgate and adopt rules, procedures and forms for the interpretation and enforcement of this Article. Any such rules shall be effective upon their adoption by the City Council.
(b) The rules and procedures shall be on file at the City Clerk's Office, and in any other location deemed administratively desirable by the Code Official or the City Clerk including but not limited to electronic availability. Any rules, procedures or forms associated with this Article shall be provided to any Person upon request and to any applicant for a Residential Rental License upon a request for an application.
(Ord. 669. Passed 5-7-12.)
(a) The Code Official or any designee or employee charged with the enforcement of this Article, acting on behalf of the City in good faith and without malice, in the discharge of his or her duties, shall not thereby render himself or herself personally liable and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act or omission required or permitted in the discharge of his or her duties. Any suit brought against the Code Official, designee or employee, because of such act or omission performed by him or her in the enforcement of any provision of this Article, shall be defended by the City's legal counsel until the final determination of the proceedings.
(b) The City and the Code Official, including any and all designees, employees and agents thereof, shall have the maximum immunity provided for under W.Va. Code § 29-12A-1 et seq.
(Ord. 669. Passed 5-7-12.)
The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Article but they shall remain in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part.
(Ord. 669. Passed 5-7-12.)
(a) Nothing in this Article is intended to bar, preclude or affect the right of the Owner to pursue judicial or extrajudicial relief against a Tenant.
(b) Nothing in this Article is intended to interfere with any right of Owners and Tenants to enter into lawful contracts with one another.
(c) Nothing in this Article shall be construed as creating any private right of action in any party, other than the City of Dunbar as provided for by this Article, to enforce the terms and requirements of this Article.
(Ord. 669. Passed 5-7-12.)
The issuance or renewal of a Residential Rental License by the City under this Article shall not constitute a finding by the City that the Dwelling or Dwelling Unit is in compliance with any or all requirements imposed by the City, County, State or Federal law or regulation.
(Ord. 669. Passed 5-7-12.)