Ordinance 1566-89 - Laserfiche WebLink

, n. All activity on the site must be in compliance with City's Noise Ordinance. Maximum permissible noise levels for this project would be 70 dBA received in adjacent M-1 zoned property, 65 dBA received in adjacent C-1 zoned property and 60 dBA received in residentially zoned properties. Between the hours of 10:00 p.m. and 9:00 a.m. on weekends and 10:00 p.m. and 7:00 a.m. on weekdays, the maximum dBA as received in residential areas would be 50 dBA. (Ordinance 534-78 and SEPA Noise Policies) o. A sandpile has been placed on the Burlington Northern property to the west of the asphalt batch plant without completion of a SEPA review and without obtaining any permits. Prior to recording of the rezone, the stockpile must either be permitted or removed. 4. Legal Requirements The Owner, and his successors tenants and assigns, shall comply with all City, State, and Federal laws and regulations applicable to the development, sale and maintenance of the subject property, and nothing herein shall be construed as superseding said laws and regulations. 5. Recording This Agreement shall be filed in the records of the Snohomish County Auditor for the purpose of subjecting the property to the restrictions, conditions, and limitations herein set forth which are intended and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the land and binding upon the owners, their successors, tenants, and assigns. 6. Enforcement A. Any violation of this Agreement by the owner, his successors, tenants or assigns, shall be considered a violation of the Zoning Code of the City of Everett and shall be subject to all applicable penalties. Provided, that no personal liability shall accrue against any party hereto, except for a violation specifically affecting property owned by such party. The personal liability of any party shall terminate upon the sale of its equitable interest in the property to another property. B. Any building or structure set up, erected, built, moved or maintained, or any use of the property contrary to the provisions of this Agreement, shall be and the same is hereby declared to be a public nuisance. C. The City is hereby authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm and/or corporation from violating any of the provisions of this Agreement, and compelling compliance with the provisions thereof. D. The penalty and enforcement provisions provided herein shall not be exclusive and the City may pursue any action, remedy or relief it deems appropriate. CONCOMITANT AGREEMENT - 4