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It is expressly the purpose of this Code to provide for and promote the health, safety and <br /> welfare of the general public, and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or <br /> benefited by the terms of this Code. <br /> It is the specific intent of the Code to place the obligation of complying with its <br /> requirements upon the permit applicant and any person owning, operating or controlling <br /> any building or structure within its scope and no provision nor term used in this Code is <br /> intended to impose any duty whatsoever upon the City or any of its officers or employees <br /> for whom the implementation or enforcement of this Code shall be discretionary and not <br /> mandatory. <br /> Nothing contained in this Code is intended to be nor shall be construed to create or form <br /> the basis for any liability on the part of the City or its officers, employees or agents, for <br /> any injury or damage resulting from the failure of a building to comply with the <br /> provisions of this Code, or by reason or inconsequent of any inspection, notice, order, <br /> certificate, permission or approval authorized or issued or done in connection with the <br /> implementation or enforcement of this Code, or by reason of any action of the City, <br /> related in any manner to the enforcement of this Code by its officers, employees or <br /> agents. <br /> Notwithstanding any language used in this Code, it is not the intent of this Code to create <br /> a duty and/or cause of action running to any individual or identifiable person but rather <br /> any duty is intended to run only to the general public. <br /> C. The State Energy Code and the State Ventilation and Indoor Air Quality Code are each <br /> hereby amended by the addition of the following: <br /> Violations and Penalties: <br /> a. A violation of the provisions of this Code shall be subject to the City's Civil <br /> Enforcement Procedures as set forth in Chapter 1.20 EMC and any person, firm or <br /> corporation who violates any provision of this Code shall be subject to said <br /> enforcement procedures. Provided, however, notwithstanding language to the <br /> contrary, any violation citation issued concerning a violation of this Code shall be <br /> issued by the Building Official or his/her designee who shall be the Code <br /> Compliance Director's designee for the purposes of this Code. <br /> b. Any person, firm or corporation who violates any provision of this Code shall be <br /> deemed guilty of a misdemeanor, and each such person, firm or corporation shall be <br /> deemed guilty of a separate offense for each and every day or portion thereof during <br /> which any violation of any of the provisions of this Code is committed, continued or <br /> permitted, and upon conviction of any such violation of any such violation, such <br /> person, firm or corporation shall be punishable by a fine not to exceed one thousand <br /> dollars, or imprisonment in jail not to exceed ninety days, or by other such fine and <br /> imprisonment. <br /> 2 <br />