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2022/10/12 Council Agenda Packet
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2022/10/12 Council Agenda Packet
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Council Agenda Packet
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10/12/2022
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<br />EXHIBIT B <br />Section 1. Everett Municipal Code Section 1.16.010 is hereby amended to read as follows: <br />Any person violating any of the provisions or failing to comply with any of the mandatory requirements <br />of the ordinances of the city shall upon conviction of such violation or failure be punished by a fine of <br />not more than five hundred dollars or by imprisonment not to exceed six months, or by both such fine <br />and imprisonment. <br />The general penalties for a violation of the city municipal code are: <br />A. Criminal Penalty. Any person violating or failing to comply with any of the mandatory requirements of <br />the city municipal code shall have committed a misdemeanor if charged and prosecuted by the city in <br />municipal court under Chapter 2.108 EMC. Any person convicted of such misdemeanor shall be <br />punished by a fine not to exceed $5,000 or by imprisonment not to exceed one year, or by both such <br />fine and imprisonment. <br />B. Civil Penalty. Any person violating or failing to comply with any of the requirements of the city <br />municipal code shall have committed a civil violation which may be enforced pursuant to this chapter. <br />Any such person shall be assessed a monetary fine or penalty not to exceed $250.00 for each day or <br />portion thereof that the violation occurs unless another maximum penalty is specified in this code, and <br />may be further subject to limitations, restrictions and/or other requirements under the code. <br />Section 2. Everett Municipal Code Section 5.68.020(P) is hereby amended to read as follows: <br />“Violations hearing examiner” means the office of the violations hearing examiner created pursuant to <br />Chapter 1.20. <br />Section 3. Everett Municipal Code Section 5.68.130 is hereby amended to read as follows: <br />A. Within fifteen calendar days after a notice of revocation, suspension, or denial of a for-hire license <br />issued or denied pursuant to this chapter, the license holder/applicant of the revoked, suspended, or <br />denied license may file a notice of appeal with the violations hearing examiner. <br />B. The notice of appeal must be in writing, signed by a person authorized to make it, and must explain <br />the grounds for the appeal. The notice of appeal must be addressed to the violations hearing examiner, <br />“ATTENTION: City Clerk.” <br />C. Notice of the appeal hearing shall be given by delivering a copy of the hearing notice to the license <br />holder or by mailing a copy thereof to the license holder at his the license holder’s last address as shown <br />by the city clerk’s license records, and the notice will be mailed or delivered at least five days before the <br />date fixed for the hearing. <br />D. The violations hearing examiner may affirm, reverse, or modify the decision of the city clerk. The <br />hearing shall be in accordance with Chapter 1.20 and the violations hearing examiner’s rules of <br />procedure, if any. Where a provision of Chapter 1.20 or the rules of procedure conflict with this chapter, <br />this chapter controls. The decision of the violations hearing examiner will be final. The decision of the
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