Laserfiche WebLink
• <br /> • <br /> 1 relating to the establishment, reason for, and design and construction of said <br /> 2 improvement. <br /> 3 E. Any railroad company that violates the provisions of an ordinance <br /> 4 establishing an order of the City Council pursuant to this ordinance shall be guilty of a <br /> 5 misdemeanor punishable by a fine of not more than one thousand dollars ($1,000). The <br /> 6 imposition of one penalty for any one violation shall not excuse the violation or permit <br /> 7 it to continue and said railroad company shall be required to correct or remedy such <br /> 8 violations within a reasonable time. Each day a prohibited condition exists shall <br /> 9 constitute a separate offense. <br /> 10 F. In addition to said penalty, all undercrossings, overcrossings or grade <br /> 11 crossings constructed, maintained, operated or used in violation of this ordinance or <br /> 12 other ordinances or any orders of the City Council pursuant to this ordinance are hereby <br /> 13 declared to be a nuisance and legal enforcement may be taken by any appropriate <br /> 14 remedy, including but not limited to nuisance and damages. <br /> 15 Section 5: PURPOSE. <br /> 16 It is expressly the purpose of this ordinance to provide for and promote the <br /> 17 health, safety and welfare of the general public, and not to create or otherwise <br /> 18 establish or designate any particular class or group of persons who will or should be <br /> 19 especially protected or benefited by the terms of this ordinance. <br /> 20 It is the specific intent of this ordinance that no provision nor any term used in <br /> 21 this ordinance is intended to impose any duty whatsoever upon the City or any of its <br /> 22 officers or employees, for whom the implementation or enforcement of this ordinance <br /> 23 shall be discretionary and not mandatory. <br /> 24 Nothing contained in this ordinance is intended to be nor shall be construed to <br /> 25 create or form the basis for any liability on the part of the City, or its officers, <br /> 26 employees or agents, for any injury or damage resulting from the failure of a railroad to <br /> 27 comply with the provisions of this ordinance, or by reason or in consequence of any <br /> 28 inspection, notice, order, certificate, permission or approval authorized or issued or <br /> 29 done in connection with the implementation or enforcement pursuant to this ordinance, <br /> 30 <br /> 31 <br /> 32 <br /> 4 <br />