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<br />actions by the code enforcement division for which a hearing before the violations hearing examiner has <br />not yet been scheduled, provided the applicant is diligently pursuing compliance with the applicable land <br />use regulations. <br /> <br />C. The director of planning and community development shall have the discretion to terminate any <br />application for which the director determines that the applicant is using the application process primarily <br />to delay enforcement. <br /> <br />Section 44. Everett Municipal Code Chapter 17.72, Nuisance Abatement, is hereby amended to read as <br />follows: <br /> <br />A. In any action or proceeding to abate a nuisance in a mobile home park, proof of the following facts is <br />sufficient for judgment or order for the abatement of the operation of the mobile home park: <br /> <br />1A. Previous conviction of the owner or operator of the mobile home park of a violation of this <br />title which constitutes a nuisance; <br /> <br />2B. Failure on the part of the owner or operator to correct the violation after the conviction; <br /> <br />3C. The violation is the basis for the proceeding. <br /> <br /> <br />B. Abatement actions shall be taken pursuant to Everett Municipal Code Chapter 1.20. <br /> <br /> <br />Section 45. Everett Municipal Code Section 19.08.100(C)(4) is hereby amended to read as follows as <br />follows: <br /> <br />4. When required, the property owner shall certify to the city no later than April 1st of each year that the <br />owner occupies one of the dwellings as his or her principal residence. Any person who fails to report or <br />falsely certifies that he or she residence s in a dwelling unit at the stated address shall be subject to the <br />enforcement and penalty provisions of Everett Municipal Code Chapter 1.20 EMC. <br />Section 46. Everett Municipal Code Section 19.37.260(B) is hereby amended to read as follows: <br />B. Restoration of Impacts Required. Any unauthorized impacts on a critical area feature or buffer will <br />require restoration of the affected area to an equivalent or improved condition prior to the violation <br />occurring. A restoration plan must be consistent with the requirements of this chapter and a public <br />works permit may be required by the city. If an equivalent or improved condition cannot be provided, <br />the violator shall be subject to a fine in an amount equal to the value of the damage to the portion of <br />the critical area that cannot be restored, determined using best available methods of calculating the <br />value of vegetation, land and water resources, including but not limited to the evaluation methods of <br />the International Society of Arboriculture. In addition to the authority of the city’s violations hearing <br />examiner code enforcement officer to impose penalties pursuant to Everett Municipal Code Chapter <br />1.20 EMC, the violations hearing examiner code enforcement officer may impose the fine described in <br />this section pursuant to the city’s recommendation as applicable. <br />Section 47. Everett Municipal Code Section 19.41.020 is hereby amended to read as follows as follows: