Laserfiche WebLink
(k) Legal Action. In the event a person or persons fail(s) to comply with an order <br />issued pursuant to subsections (c) or (d), the City Attorney, at the request of the <br />City Council, may bring an action for a prohibitory or mandatory injunction, <br />either preliminary or permanent, as the facts may warrant. The City's costs in <br />bringing such action, including those costs defined in subsection (i), shall be <br />recoverable by City. <br />In the event any person or persons fails to pay City any costs due City pursuant to <br />this section, City may place a lien on said person or persons' property, or, the City <br />Attorney may, at the request of the City Council, bring a civil action for collection <br />of such costs. <br />(1) Fire S~pression Costs Excluded. The authority to recover costs under this <br />section shall not include actual fire suppression services which are normally or <br />usually provided by the Fire Department. <br />(m) Discretionary Nature of This Section. The provisions hereof are discretionary and <br />not ministerial. Accordingly, the City shall not be liable to any person or to the <br />public in general for failure or refusal to take any action authorized by this <br />ordinance." <br />Section 7. Severability. <br />If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the <br />Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of <br />competent jurisdiction, such decision shall not affect the validity or effectiveness of the <br />remaining portions of this Ordinance or any part hereof. The city council hereby declares that it <br />would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase of <br />the Ordinance irrespective of the fact that one or more of them would be declared <br />unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be <br />severable. <br />Section 8, Effective Date and Publication. <br />This ordinance shall take effect on January 1, 2008 and the title thereof shall be published <br />once prior to adoption. <br />ORDINANCE NO.2007-023 37 <br />