9-1-3: ISSUANCE OF BUILDING PERMITS:
   A.   The city of Hurricane acknowledges the existence of areas within the city that are characterized by the presence of subsurface water, groundwater, unstable soils and other geological hazards which carry an increased risk of damage to, diminution in value of, and the likelihood of additional costs and expenses for maintenance, repair and replacement of homes, structures or other improvements constructed or maintained in these areas.
   B.   As a general policy, therefore, the city of Hurricane discourages residential and commercial development in these areas; however, the city also recognizes the right of private property owners to utilize their property at their own risk for any purpose not prohibited by law.
   C.   In order to minimize or avoid these increased risks and/or additional costs, the city strongly encourages all property owners who seek or obtain a building permit for property in these areas to: 1) obtain a geotechnical report from a qualified engineer, and 2) strictly follow all recommendations contained therein.
   D.   The issuance of a building permit by the city is not, and should not in any way be interpreted or construed as, a guarantee: 1) as to the reliability or soundness of any geotechnical report obtained by the owner, or 2) that any home, structure or other improvement constructed on the property in accordance with any such geotechnical report will be free from damages, diminution in value, and/or increased costs and expenses for maintenance, repair and replacement because of subsurface water, groundwater, unstable soils or other geological hazards.
   E.   The owner of any home, structure or other improvement constructed or maintained on property in any area characterized by the presence of subsurface water, groundwater, unstable soil or any other geological hazard, shall be responsible and liable for mitigation of any damage to, diminution in value of, and payment of any costs and expenses for maintenance, repair or replacement of such home, structure or other improvement.
   F.   The city of Hurricane shall not be responsible or liable for mitigation of any damage to, diminution in value of, and payment of any costs and expenses for maintenance, repair or replacement of any home, structure or other improvement constructed or maintained on property in any area characterized by the presence of subsurface water, groundwater, unstable soil or any other geological hazard.
   G.   In consideration of the issuance by the city of a building permit for property in any area characterized by the presence of subsurface water, groundwater, unstable soils or other geological hazards, the owner shall be required to sign an acknowledgment, waiver and release in substantially the form attached as exhibit A to the ordinance codified herein and incorporated herein by this reference. (Ord. 2015-04, 6-16-2015)