(A) Any person in charge of property containing vegetation in violation of this chapter shall be liable to any person who is injured or otherwise suffers damage by reason of such vegetation or the by reason of a failure to abate or removed the same.
(B) 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 in charge of the subject property 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’s fees, to defend themselves or to settle the claim of any injured person.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)