§ 826.

LIABILITIES

a.

The issuance of Community Board mediation findings, an arbitration report or a court decision shall not create any liability of the City with regard to the restorative actions to be performed.

b.

The complaining party shall indemnify and hold harmless the tree owner with respect to any damages or liability incurred by said owner arising out of the performance of any work at the behest of the complaining party as follows:

1.

With respect to trees planted prior to the effective date of this ordinance, the complaining party shall indemnify the tree owner as to 100 percent of any such damages or liability.

2.

With respect to trees planted after the effective date of the ordinance, the complaining party shall indemnify the tree owner as to 50 percent of any such damages or liability.

c.

Failure to enforce on the part of the city will not give rise to any civil or criminal liabilities.

History

(Added by Ord. 445-88, App. 9/28/88)

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