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Ordinance 3006-07
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Ordinance 3006-07
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3/17/2016 11:03:50 AM
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Ordinances
Ordinance Number
3006-07
Date
7/11/2007
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C. Notwithstanding paragraph(b), the City Attorney is authorized to <br /> apply to any court of competent jurisdiction for and such court, upon <br /> hearing and for cause shown, may grant a temporary or permanent <br /> injunction restraining any person, firm, and/or corporation from violating <br /> any provisions of this Code and compelling compliance herewith. The <br /> cost of such action shall be taxes against the violator. <br /> Section 3: Purpose: <br /> The 2006 State Energy Code and the 2006 State Ventilation and Indoor <br /> Air Quality Code are hereby amended by the addition of the following: <br /> A. It is expressly the purpose of this Code to provide for and promote the <br /> health, safety and welfare of the general public, and not to create or <br /> otherwise establish or designate any particular class or group of persons <br /> who will or should be especially protected or benefited by the terms of this <br /> Code. <br /> B. It is the specific intent of the Code to place the obligation of complying <br /> with its requirements upon the permit applicant and any person owning, <br /> operating or controlling any building or structure within its scope. No <br /> provision nor term used in this Code is intended to impose any duty <br /> whatsoever upon the City or any of its officers or employees, for whom <br /> the implementation or enforcement of this Code shall be discretionary and <br /> not mandatory. <br /> C. Nothing contained in this Code is intended to be nor shall be construed <br /> to create or form the basis for any liability on the part of the City or its <br /> officers, employees or agents, for any injury or damage resulting from the <br /> failure of any structure or premises to comply with the provisions of this <br /> Code, or be reason or inconsequence of any inspector, notice, order, <br /> certificate, permission or approval authorized or issued or done in <br /> connection with the implementation or enforcement of this Code, or by <br /> reason of any action of the City related in any manner to the enforcement <br /> of this Code by its officers, employees or agents. <br /> D. Notwithstanding any language used in this Code, it is not the intent of <br /> this Code to create a duty and/or cause of action running to any individual <br /> or identifiable person, but rather any duty is intended to run only to the <br /> general public. <br /> Section 3: Violations and Penalties: <br /> The 2006 State Energy Code and the 2006 State Ventilation and Indoor <br /> Air Quality Code are 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 <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 /> -2- <br />
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