A. Failure To Abate: Any person who fails to abate or remove any vegetation required of that person to be abated or removed pursuant to this chapter, shall be liable to any person who is injured or otherwise suffers damage by reason of such vegetation or failure to abate or remove the same.
B. Expenses Incurred: Neither the City, or any of its officers, agents, employees, or City Council members, shall be liable to any person who is injured or otherwise suffers damage by reason of vegetation existing in violation of this chapter. However, if this exemption from liability is unenforceable, and in any event, the person responsible for abatement or removal of the vegetation pursuant to this chapter shall be primarily liable to the injured party and shall indemnify the City, its officers, agents, City Council members, and employees, for any judgment against any of them, and shall be liable to them for any expense paid or incurred, including attorney fees to defend themselves or to settle the claim of any injured person.
C. Penalty: Violation of or failure to comply with any of the provisions of this chapter shall be subject to a fine in any sum not to exceed five hundred dollars ($500.00). When violations are of a continuing nature, each day the violation continues shall be a separate violation. (Ord. 930, 9-26-2005)