§ 78-408. Force majeure.  


Latest version.
  • If a registrant's performance of or compliance with any of the provisions of this article is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused, and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this article, causes or events not within a facility owner's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, terrorists, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within a registrant's control, and thus not falling within this section, shall include, without limitation, a registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents.

(Ord. No. 4774-18, § 2, 10-22-2018)