A. No Liability. No provision or any term used in this chapter is intended to impose any duty upon the city, nor any of its officers, employees, or agents, which would subject them to damages in a civil action.

B. No Basis for Appeal. The provisions of this chapter detailing administration of code compliance procedures are not to be construed as creating a substantive basis for appeal or a defense of any kind to an alleged violation.

C. Conflicts. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any international or uniform code, statute, or regulation that is adopted in this code and subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by such code, statute, or regulation. In the event of a conflict between this chapter and any other provision of this code or city ordinance providing for a civil penalty, the more specific provision shall control.

D. Joint and Several Liability. Responsibility for violations of the codes enforced under this chapter is joint and several, both as to duty to correct and to payment of monetary penalties and costs, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation.

E. Separate Offense. Any person violating the code is responsible for a separate offense for each and every day or portion of any day in which any violation of this code is committed, continued, or permitted by any such person, and such person is punishable accordingly.

F. Scope of Prohibited Acts. Whenever in this code or other city ordinance any act or omission is made unlawful, such act shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

G. Computation of Time. In computing any period of time prescribed or allowed by this code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

H. Interference With Code Enforcement Unlawful. Any person who intentionally obstructs, impedes, or interferes with any lawful attempt to serve a notice and order or stop work order, or intentionally obstructs, impedes, or interferes with lawful attempts to correct a violation, shall be guilty of a gross misdemeanor.

I. Rebuttable Presumption. There is a rebuttable presumption that the owner of a vehicle, building, structure, property, personal property or land upon or within which a violation has occurred or is occurring is also responsible for the violation, so long as the owner had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring.

J. Responsibility for Juveniles. Any adult who is responsible for the care or supervision of a juvenile less than eighteen years of age is liable for any violation of the code provisions referenced in EMC 1.20.020 committed by the juvenile, so long as the responsible adult had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring.

K. Abatement Fund Established. All monies collected from the assessment of civil penalties shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such costs, or other appropriate accounting mechanism. (Ord. 3901-22 § 2 (Exh. A), 2022.)