Explanation
BACKGROUND:Strict liability is the level of culpability intended to be used in the enforcement of the Columbus Building Code. While not explicitly stated in the code, case law arising from a court case decided in 1993 clearly established that strict liability was indeed the level of culpability intended to be used when enforcing provisions of the Columbus Building Code (Title 41) in order to protect the public health, safety and welfare.This code changes clarifies that strict liability is in fact the level of culpability intended when enforcing provisions of the Columbus Building Code (Title 41) as has been established and followed by case law since 1993 by adding the needed language directly into code. The Columbus Building Commission, at a public meeting held on June 14, 2003, voted to approve this code change and recommend its adoption by City Council.
FISCAL IMPACT:No funding is required for this legislation.
Title
To amend Chapters 4105 and 4111 of the Columbus City Codes, 1959, by modifying Sections 4105.02 and 4111.99 by adding text that requires strict liability to be the standard used for enforcement of violations of the Columbus Building Code (Title 41).
Body
WHEREAS, strict liability is the level of culpability intended to be used in the enforcement of the Columbus Building Code; and
WHEREAS, case law arising from a court case decided in 1993 clearly established that strict liability was indeed the level of culpability intended to be used when enforcing provisions of the Columbus Building Code (Title 41) in order to protect the public health, safety and welfare; and
WHEREAS, this code change clarifies that strict liability is in fact the level of culpability intended when enforcing provisions of the Columbus Building Code (Title 41) as has been established and followed by case law since 1993 by adding the needed language directly into code; and
WHEREAS, the Columbus Building Commission, at a public meeting...
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