Title 16 - Buildings and Construction

16.200 Erosion and Sediment Control

16.200.080 Miscellaneous

  1. A.
    Other Laws.  Neither this Ordinance nor any administrative decision made under it exempts the Permit Holder or any other Person from other requirements of this Code, state and federal laws, or from procuring other required Permits, including any state or federal stormwater Permits authorized under the National Pollutant Discharge Elimination System (NPDES), or limits the right of any Person to maintain, at any time, any appropriate action at law or in equity, for relief or damages against the Permit Holder or any Person arising from the activity regulated by this Ordinance.
  2. B.
    Disclaimer of Liability. The performance standards and design criteria set forth herein establish minimum requirements, which must be implemented with good engineering practice and workmanship.  Use of the requirements contained herein shall not constitute a representation, guarantee or warranty of any kind by the City, or its officers and employees, of the adequacy or safety of any best management practice or use of land, nor shall the approval and issuance of a Permit imply that land uses permitted will be free from damages caused by Storm Water.  The degree of protection required by these regulations is considered reasonable for regulatory purposes and is based on historical records and engineering and scientific methods of study.  Larger storms may occur or Storm Water runoff heights may be increased by man-made or natural causes.  These regulations therefore shall not create liability on the part of the City or any officer with respect to any legislative or administrative decision lawfully made hereunder.
  3. C.
    Severability.  If any section, subsection, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. 
  4. D.
    Effective Date.  The provisions of this Chapter shall apply to all Land Disturbance activities that take place on or after March 10, 2003

(History: Ord. BC-2419 §1, 2003)

Effective on: 1/1/1901