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HomeMy WebLinkAbout5655 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: ---------------------------- 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. ---------------------------- Ordinance No. 5655 04/05/02 Page 2 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 -'" _/.~ P TER B. LEWIS MAYOR ATTEST: Daniel B. Heid, City Attorney Published: ¿/ /9 - 02.. ---------------------------- Ordinance No. 5655 04/05/2002 Page 3