10-1-3: LIABILITY:
The Code official, or designee, Board of Adjustment members, and Planning and Zoning Commission members, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties described in this Code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Code official, employee, or board or commission member in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgement resulting therefrom shall be assumed by the jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land from any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Code. (Ord. D-51, 3-19-2019)