The city shall be held harmless from any and all liabilities from any claim(s) resulting from the abatement or the failure to abate a nuisance on any property, including, but not limited to, acts and destruction of shrubs, flowers, brush and small trees of any type. The city has no duty, nor does this subchapter impose any duty, on the Code Enforcement Officer or any other employee to abate any nuisance existing on any private property. The provisions of this subchapter neither change, nor modify, the responsibility of the owner or occupant of any premises in the city to keep the premises in a reasonably safe condition so as not to cause injury to third party either on the property or adjacent to the property as provided for in the tort laws of the state. The adoption of this subchapter does not, in any manner, change the responsibility under the tort law, nor does it create a cause of action for liability not heretofore existing under the ton or statutory laws of the state. A decision of the city to abate a nuisance or not to abate a nuisance is solely discretionary and any decision to abate a nuisance or not abate a nuisance shall not create any liability on the city in any manner to any party.
(Ord. 2008-06, passed 7-22-2008)