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ORDINANCE NO. 5 6 5 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
1.02 OF THE AUBURN CITY CODE, RELATING TO DUTIES
OF ENFORCEMENT
WHEREAS, in connection with the City of Auburn's responsibilities to address municipal
functions, including enforcement of certain codes and regulations within its corporate limits, it is
appropriate that the City do so cognizant of its general obligation to the City; and
WHEREAS, in connection with enforcement of municipal codes and regulations by cities,
court decisions have addressed liability regarding the need for specificity in terms of the parties
to whom the duty of enforcement is owed; and
WHEREAS, in order to clearly identify to whom the duty of enforcement is owed for
enforcement of City of Auburn Codes and Regulations, and to have that intention clearly
expressed by the City Council it is appropriate to adopt a chapter of the Auburn City Code
specifying the parameters of the duty of enforcement and to include provisions for severability,
applicable to all codes and regulations, regardless of whether a separate severability clause is
included in the enacting ordinance or regulation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Purpose. That a new Chapter is 1.02 of the Auburn City Code is created
to read as follows:
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Ordinance No. 5655
04/05/02
Page 1
Chapter 1.02
Duty of Enforcement
Sections
1.02.010
1.02.020
Duty of Enforcement.
General Severability Applicable to City Code, Ordinances and
Regulations.
1.02.010 Duty of Enforcement.
It is the intent of the City Council that any duty of enforcement of any codes, ordinances or
regulations of the City, or any part thereof, is owed to the public at large, and not to any
individual members of the public. The City Council, further, intends to make no assurances
or promises of protection thereby or enforcement thereof to any individual, and that no
special relationship regarding enforcement of any code, ordinance or regulation shall exist
with any individual which would set such individual a part from the general public. This
provision applies to all prior codes, ordinances or regulations by ratification and to all
subsequent codes, ordinances or regulations regardless of whether a separate duty of
enforcement clause is included therein.
1.02.020. General Severability Applicable to City Code, Ordinances and Regulations.
If any provision of this Ordinance or of any other code, ordinance or regulation adopted by
the City Council of the City of Auburn, or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation or
the application thereof to other person or circumstances shall not be affected. This
provision applies to all prior enactments by ratification and to all subsequent enactments
regardless of whether a separate severablity clause is included therein.
Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and
each section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed adopted and approved and ratified irrespective of the fact that one or more
section, subsection, sentence, clause or phase be declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
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Ordinance No. 5655
04/05/02
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Section 4. This Ordinance shall take effect and be in force five (5) days from and
after its passage, approval, and publication as provided by law.
INTRODUCED:
April 15, 2002
PASSED:
April 15, 2002
APPROV
-'"
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P TER B. LEWIS
MAYOR
ATTEST:
Daniel B. Heid,
City Attorney
Published: ¿/ /9 - 02..
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Ordinance No. 5655
04/05/2002
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