Article XI. Severability And Municipal Liability

Section 11.1

Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect and for this purpose the provisions of this ordinance are hereby declared to be sever-able.

Section 11.2 Liability

The granting of a permit or approval of a subdivision or development plan in an identified flood-prone area, shall not constitute a representation, guarantee, or warranty of any kind by the County Commission of Jefferson County, or by any official or employee thereof, of the practicability or safety of the proposed use, and shall create no liability upon the County Commission of Jefferson County or by any official or employee thereof.

The Floodplain Administrator or employee or agent charged with the enforcement and administration of this Ordinance, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Ordinance or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee or agent because of an act performed by that officer or employee or agent in the lawful discharge of duties and under the provisions of this Ordinance shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator or any employee or agent shall not be liable for the cost of any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.