Laserfiche WebLink
Section 6. City's Obligations. In consideration of the Owner's fulfillment of Owner's <br />obligations as set forth herein, and except as otherwise provided in this Agreement, the City <br />shall discontinue all current enforcement of the notice(s) of violation and other enforcement <br />document(s) attached to this Agreement. <br />Section 7. Violations. The Owner acknowledges and agrees that, in the event that <br />the City determines that the Owner has breached this Agreement or otherwise does not meet <br />the obligations of this Agreement by fail ng to fully, completely and timely perform any of the <br />conditions set forth herein, the City's obligations under this Agreement shall be null and void <br />and the provisions of this section shall instead apply. In such event, the City may in its sole <br />discretion proceed with any, some or all of the following remedies, as well as any other remedy, <br />claim or cause of action authorized by law: <br />A. The City may impose any remedy authorized by Chapter 120 EMC, <br />including issuance of civil penalties and assessment of all costs and expenses incurred by the <br />city to pursue code enforcement. <br />B. The City may initiate criminal code enforcement proceedings against the <br />Owner for violation of any applicable EMC provision. <br />C. The City may enter the Property and perform abatement of the violation <br />by the City, and assess the costs incurred by the City to pursue code compliance and to abate <br />the violation, including reasonable legal fees and costs all without having to obtain a warrant <br />or other court order. The City shall notify the Owner at least 24 hours before each such entry. <br />Notification may be provided orally or in writing. <br />D. If a penalty is assessed, and if any assessed penalty, fee or cost is not <br />paid, the City may charge the unpaid amount as a lien against the property where the code <br />violation occurred, and that the unpaid amount may be a joint and several personal obligation <br />of all persons responsible for the violation(s). <br />E. The City may suspend revoke, or limit any development permit obtained <br />or to be sought by the person responsible for the code violation(s). <br />Section 8. Waiver of Hearing, Claims, Defenses and Objections. In the event the City <br />takes any action pursuant to Section 7 and/or otherwise enforces this Agreement, the Owner <br />agrees that the Owner shall be, to the maximum extent allowed by law, deemed to have <br />waived any and all claims, legal defenses and objections with respect thereto, including but not <br />limited to the defenses of laches, estoppel, and statutes of limitation. The Owner further <br />expressly waives, to the maximum extent allowed by law, the benefit of any processes or <br />procedural rights, specifically including without limitation any right to a hearing, set forth in any <br />provision of the United States Constitution, the Washington Constitution, the Revised Code of <br />Washington, the Washington Administrative Code and the Everett Municipal Code with respect <br />to any such action by the City. <br />Page 4 of 6 <br />