1354.04 DISCLAIMER OF LIABILITY; CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

   (a)   Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity form responsibility for damages to any person or property that is otherwise imposed by law.

   (b)   Where this chapter imposes a greater restriction upon land than is imposed or required by other City Ordinances, Resolutions, contract or deed, the provisions of this chapter shall prevail.

   (c)   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.

   (d)   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 chapter shall not be a defense in any action to abate such nuisance.

   (e)   Failure of the City 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 City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

   (f)   In the event that any provision of this Chapter shall come in conflict with the general provisions of Chapter 1377, Flood and Erosion Hazard Control, the provisions of this Chapter shall take precedence.
(Ord. 2003-52. Passed 12-9-03.)