Ordinance 2335-98 - Laserfiche WebLink

9. Dismiss one or more of the allegations set forth in the violation citation upon a determination that said allegation does not exist substantially as stated therein. Section 4: Section 5 of Ordinance No. 1387-87 as amended by Section 4 of Ordinance No. 1780-91 and Section 5 of Ordinance No. 2221-97 (EMC 1.20.050),which reads as follows: EMC 1.20.050 Notice of violation-Voluntary correction agreement- Issuance-Violation- Penalty. A. The notice of violation shall be served upon the person to whom it is issued, either personally or by mailing a copy of the notice of violation as provided herein to such person at his/her last known address as determined by the code compliance officer or by posting a copy of the notice conspicuously on the affected property or structure, if any. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. Thereafter, violation of the terms of the notice of violation shall be a misdemeanor punishable by a fine of not to exceed one thousand dollars per day. Citations for violations of a notice of violation shall be filed in Everett municipal court. B. In the absence of an appeal, any required abatement shall be executed in the manner and means specifically set forth in the notice of violation. In the event there is noncompliance with the terms of the notice of violation or voluntary correction agreement,the City may perform the abatement required therein. The costs shall be billed to the person(s)to whom the notice of violation and/or voluntary correction agreement was issued. 1. If said violation is not abated as required within such notice of violation or voluntary correction agreement, the City may cause the same to be abated by City employees or by private contract under the direction of the City. The City, its employees and agents using lawful means are expressly authorized to enter upon said property for such purposes. The costs, including incidental expenses, of abating the violation shall be billed to whom the notice of violation or voluntary correction agreement was issued and shall become due and payable thirty days thereafter. The term "incidental expenses" shall include,but not be limited to,personnel costs,both direct and indirect, including attorney's fees incurred by the City; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. 2. No person shall obstruct, impede or interfere with the City, its employees or agents, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act,preliminary or incidental to carrying out the requirements of a notice of violation or voluntary correction agreement issued pursuant to this Chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine of not to exceed one thousand dollars per day. 3. Record of Cost of Abatement. In the event the person responsible fails to pay within the thirty-day period set forth in subsection B1 of this section,the code compliance officer shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition, restoration or repair of such property, including any salvage value relating thereto plus the amount of any 9