Any person, including the city, that is injured, aggrieved or against whom a civil
action for damage, injunction or other relief is brought, to recover for injuries
or damages arising out of a violation of this chapter, or to correct a condition in
violation of this chapter, may bring a civil action in any court of competent jurisdiction
against the adjacent or abutting property owner, occupant or agent of such property,
or third party, who contributed to the violation of this chapter, for damages according
to the percentage that the property owner, occupant, agent or third party's violation,
negligence or wrongful acts or omissions contributed to any alleged injuries or damages.
The city may assert as a defense to any action that a violation of this chapter caused
or allowed to be caused by an adjacent or abutting property owner, occupant or agent
of such property, or third party reduces the city's liability in whole or in part
by such property owner, occupant or agent of such property, or third party's violation,
negligence or wrongful acts or omissions.
(Ord. No. 2000-113, § 1, 11-14-2000)
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