§ 8-619. Other matters.

(a)

Other laws.

(1)

Neither this article nor any decision made with respect hereto exempts the applicant or any other person from other requirements of this Code, or from state and federal laws, or from procuring other required permits, nor do they limit the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the applicant or any person arising from the activity regulated by this article.

(2)

This article shall not be construed to be in conflict with any state or federal law intended to control erosion and sedimentation. In those instances where state or federal law imposes a duty or requirement with respect to a matter covered by this article, the more strict duty or requirement shall control.

(3)

The permittee is responsible for safety and legally completing the project. Neither the issuance of a permit under the provisions of this article, nor the compliance with the provisions hereto or with any condition imposed by the unified government, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the unified government for damages to persons or property.

(b)

Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.

(c)

Indemnification. Anyone covered under the provisions of this ordinance shall fully indemnity, release, defend, and hold harmless the unified government and agents of the unified government when acting in their capacity as municipal officials, employees and agents, from and against any and all claims, demands, suits, proceedings, and actions, liability, and judgment by other persons for damages, losses, costs, and expenses, including attorneys' fees, to the extent caused by negligent acts or omissions of the permittee in the performance of the permitted work. The unified government agrees to timely notify permittee of such claim, demand, suit, proceeding, or action by providing written notice to permittee and the registered agent of the permittee. Nothing herein shall be deemed to prevent the unified government or any agent of the unified government from participating in the defense of any litigation by their own counsel at their own expense. Such participation shall not under any circumstances relieve the permittee from its duty to defend against liability or its duty to pay any judgment entered against the unified government or its agents.

(d)

Unified government failure to enforce. The unified government's failure to enforce or remedy any noncompliance of the terms and conditions of this ordinance or of any permit granted under this ordinance shall not constitute a waiver of the unified government's rights nor a waiver of any person's obligation as provided in this article.

(e)

Reservations of rights. In addition to any rights specifically reserved to the unified government by this article, the unified government reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, permit, or other authorization granted under this article.

(Ord. No. O-125-06, § 1(8-619), 12-14-2006)