Ordinance 3433-15 - Laserfiche WebLink

constructs a new fence to resolve a gap, the fence shall be a minimum of four feet in height and shall meet City standards for such a fence; provided, however, the City reserves the right to allow gaps to be resolved through other means not specifically listed herein. C. Resolution of Gaps by Conveyance Method—Failure of Abutting Property Owner to Accept Deed. Where the conveyance method described in subsection B of this section is used to resolve a gap but the abutting (i.e., receiving) property owner refuses to accept the deed instrument, the quitclaim deed may be executed by the applicant and held in trust by the City for the abutting (receiving property) owner; provided, however, when that occurs, a notice shall be filed with the County Auditor on the title of the abutting property indicating that the City is holding such an instrument in trust and that legal description of the gap will become the property of the abutting property owner at such time as the instrument is accepted and recorded. Section 2. SEVERABILITY. Should any section, paragraph, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulations, this shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 3. CONFLICT. In the event there is a conflict between the provisions of this Ordinance and any other City ordinance, the provisions of this Ordinance shall control. Section 4. CORRECTIONS. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection number and any references thereto. Section 5. GENERAL DUTY. It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by its officers, employees or agents. Section 6. ENFORCEMENT. Ordinance No. 2328-98, as amended, is hereby amended by the addition of the following provision entitled "ENFORCEMENT: