§ 13-1-6. Separability and Nonliability.  


Latest version.
  • It is hereby declared to be the intention of the Common Council that the several provisions of this Chapter are separable in accordance with the following:

    (a)

    If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgement shall not affect any other provisions of this Chapter not specifically included in said judgement.

    (b)

    If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, water, building, other structure, such judgement shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgement.

    (c)

    If any requirement or limitation which is attached to an authorization given under this Chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation.

    (d)

    The City does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Common Council, its agencies, or employee for any flood damages, sanitation problems, or structural damages, sanitation problems, or upon, and conformance with this Chapter.