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B. It is the specific intent of these regulations to place the obligation of <br /> complying with these regulations upon the permit applicant and any person <br /> owning, operating or controlling any building or structure within its scope. No <br /> provision or term used in the Code is intended to impose any duty whatsoever <br /> upon the City or any of its officers or employees, for whom the implementation <br /> or enforcement of this Code shall be discretionary and not mandatory. <br /> C. Nothing contained in this Code is intended to be nor shall be construed to <br /> create or form the basis for any liability on the part of the 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 by reason or in <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 /> D. Notwithstanding any language used in this Code, it is not the intent of this <br /> Code to create a duty and/or cause of action running to any individual or <br /> identifiable person, but rather any duty is intended to run only to the general <br /> public. <br /> Section 4: Enforcement <br /> Section 102.3.2 of the 2006 Edition of the Uniform Plumbing Code is hereby <br /> amended by deleting 102.3.2: <br /> Penalties—Any person, firm or corporation violating any provision of this <br /> Code shall be deemed guilty of a misdemeanor, and upon conviction <br /> thereof, shall be punishable by a fine and/or imprisonment set forth by the <br /> governing laws of the jurisdiction. Each separate day or any portion <br /> thereof, during which any violation of this Code occurs or continues, shall <br /> be deemed to constitute a separate offense. <br /> and inserting the following in its place: <br /> 102.3.2 Enforcement Procedures—Penalties <br /> A. A violation of the provisions of this Code shall be subject to the City's <br /> Civil Enforcement Procedures as set forth in Chapter 1.20 EMC and any <br /> person, firm or corporation who violates any provision of this Code shall <br /> be subject to said enforcement procedures. Provided, however, <br /> notwithstanding language to the contrary, any violation citation issued <br /> concerning a violation of this Code shall be issued by the Building Official <br /> or his/her designee. <br /> B. Any person, firm or corporation who violates any provision of this <br /> Code shall be deemed guilty of a misdemeanor, and each such person, <br /> firm or corporation shall be deemed guilty of a separate offense for each <br /> and every day or portion thereof during which any violation of any of the <br /> provisions of this firm or corporation shall be punishable for a fine not to <br /> exceed one thousand dollars, or imprisonment in jail not to exceed ninety <br /> days, or by both such fine and imprisonment. <br /> C. The enforcement provisions and procedures provided in this Code are <br /> not exclusive and the City is authorized to pursue any remedy it deems <br /> appropriate or as otherwise provided by law. <br /> -2- <br />