§ 8-640. 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 the unified government code, from state and federal laws, or from procuring other required permits, nor does it 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 the management of stormwater and water quality. 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 safely and legally completing the development project. Neither the approval of a stormwater treatment plan 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 article 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)

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

(d)

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.

(e)

Savings clause. Neither the adoption of this article, nor the future repeal or amendment of any section or part or portion thereof, shall in any manner affect the prosecution for violation of this article, nor be construed as a waiver of any license, fee or penalty at said effective date and unpaid under either ordinance, nor be construed as affecting any of the provisions of these ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations there under shall continue in full force and effect.

(f)

Effective date. This article shall take effect and be in full force after its passage, approval, and publication in the official unified government newspaper.

(Ord. No. O-25-10, § 1, 5-6-2010)