945.03 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)   Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City, shall prevail.
   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction in Cuyahoga County, Ohio, the validity of the remainder shall not be affected thereby.
   (c)   This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
   (d)   The City does not accept responsibility for the design, installation, operation and maintenance, inspection and/or observation of facilities and practices.
   (e)   It is the site owner's responsibility to meet the intent, purpose and requirements of this regulation.
   (f)   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site 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.
   (g)   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
   (h)   The site owner shall provide and retain a qualified professional(s) for the purposes of, but not limited to, design, verification, inspection and/or observation (as necessary), consultation with the City and the City Engineer, and construction of necessary improvements, as well as handling of hazardous materials, etc., to comply with this illicit discharge regulation.
(Ord. 2007-40. Passed 11-12-07.)