§ 5.07.23. Conflicts, severability, nuisances and responsibility.  


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  • (A)

    Where any part of this chapter is in conflict with other provisions of law, regulation, or ordinance, the most restrictive provisions shall prevail.

    (B)

    If any clause, section, or provision of any part of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

    (C)

    No part of this chapter shall be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.

    (D)

    Failure of the City of Athens to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in the City of Athens, its officers, employees, or agents being responsible for any condition or damage resulting there from.

    (E)

    The service-safety director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.

    (F)

    The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 0-52-11, § I, 6-13-2011)