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D. The 1994 Edition of the UBC is amended by addition of the following section: <br /> Authority to Abate <br /> 1. Any violation of the UBC is hereby declared to be a nuisance. <br /> 2. Where a nuisance exists, the City Attorney on behalf of the City is <br /> authorized to institute injunction, mandamus, or other appropriate action <br /> or proceeding to prevent the violation of the UBC. <br /> 3. Notwithstanding paragraph (2), the City Attorney is authorized to apply <br /> to any court of competent jurisdiction for and such court, upon hearing <br /> and for cause shown, may grant a temporary or permanent injunction <br /> restraining any person, firm and/or corporation from violating any <br /> provision of this Code and compelling compliance herewith. The cost of <br /> such action shall be taxed against the violator. <br /> 4. A conviction of any person, firm or corporation for violating this Code <br /> shall not impede the authority granted in this section to the City Attorney <br /> or City. <br /> E. Section 101.2 of the 1994 Edition of the UBC is hereby amended by the <br /> addition of the following language: <br /> It is expressly the purpose of this Code to provide for and promote the health, <br /> safety and welfare of the general public, and not to create or otherwise establish <br /> or designate any particular class or group of persons who will or should be <br /> especially protected or benefited by the terms of this Code. <br /> It is the specific intent of this Code to place the obligation of complying with its <br /> requirements upon the permit applicant and any person owning, operating or <br /> controlling any building or structure within its scope and no provision nor term <br /> used in this Code is intended to impose any duty whatsoever upon the City or <br /> any of its officers or employees for whom the implementation or enforcement of <br /> this Code shall be discretionary and not mandatory. <br /> Nothing contained in this Code is intended to be nor shall be construed to create <br /> or form the basis for any liability on the part of this City or its officers, <br /> employees or agents, for any injury or damage resulting from the failure of a <br /> building to comply with the provisions of this Code, or be reason or <br /> consequence of any inspection, notice, order, certificate, permission or approval <br /> authorized or issued or done in connection with the implementation or <br /> enforcement of this Code, or by reason of any action of the City related in any <br /> manner to the enforcement of this Code by its officers, employees or agents. <br /> 4 <br />