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§ 1020.10 DISCLAIMER OF LIABILITY.
   Floods from stormwater runoff may occasionally occur that exceed the capacity of the stormwater management system or facilities constructed, operated or maintained by the City through funds made available under this Chapter. This Chapter does not imply that the lot, parcel or use subject to the fees and/or surcharges established herein will always be free from stormwater flooding or flood damage, or that the stormwater management system or facilities capable of handling all storm events can be cost effectively constructed, operated or maintained. Nothing in this Chapter shall create any liability on the part of, or any cause of action against, the City or any officer or employee thereof for any flood damage that may result from storms or the runoff therefrom, nor does this Chapter purport to reduce or negate the need or necessity for any party to obtain flood insurance.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.98 SEVERABILITY.
   If any provision, section, division, sentence, clause or phrase of this Chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such holding or decision shall not affect the validity of the remaining provisions of this Chapter.
(Ord. 06-87. Adopted 12/28/06; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.99 PENALTIES.
   (a)   Penalties. Any person, firm or corporation who violates any provision of this Chapter, or any rule or regulation promulgated pursuant to the Ohio Revised Rode, Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations, shall be guilty of an unclassified misdemeanor and subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each and every day the violation continues shall be deemed a separate offense.
   (b)   Damages. Whoever violates any of the provisions of this Chapter or any rule or regulation promulgated pursuant to the Ohio Revised Code, the Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations shall be liable to the City for any expense, loss or damage occasioned by the City by reason of such violation, in addition to the penalties provided in division (a) of this section.
   (c)   Civil Action. The criminal penalties set forth in division (a) of this section are not exclusive, and nothing shall prohibit the City from also pursuing a civil action including, but not limited to, injunction, declaratory judgment, or civil penalties against any person who violates any of the provisions of this Chapter or any rule or regulation promulgated pursuant to the Ohio Revised Code, the Ohio Administrative Code, or the Stormwater Management Utility Rules and Regulations.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)