Laserfiche WebLink
The decision of the hearing examiner shall be final. The applicable provisions <br /> of Title 15 shall govern procedure and process of any appeal of an <br /> administrator's decision, except that public notice requirements established in <br /> EMC 15.24.110 do not apply to this appeal process. Further, where a <br /> provision of Title 15 conflicts with a provision of this section, this section <br /> controls. <br /> Section 15. Section 12 of Ordinance No. 534-78, as amended by Section 3 of <br /> Ordinance No. 690-80 (EMC 20.08.220), which reads as follows: <br /> Violation—Penalty. <br /> A. Punishment for Violations and Crimes. Every offense defined by this chapter or <br /> conduct made unlawful thereby shall also constitute an offense under the Everett <br /> criminal code, and any person convicted of such an offense shall be punished by <br /> a fine not to exceed five hundred dollars or by imprisonment in the jail not to <br /> exceed six months, or both imprisonment and fine. <br /> B. Evidence in Criminal Proceedings. In any criminal prosecution under Section 4(c) <br /> of Ordinance No. 534-78 (codified as Everett Municipal Code Sections <br /> 20.08.090) and 20.08.080(A) and 20.08.080(B) or Section 5 of Ordinance No. <br /> 534-78 (codified as Everett Municipal Code 20.08.090), evidence of sound level <br /> through the use of a sound-level meter reading shall not be necessary to <br /> establish the commission of the offense. <br /> C. Penalty for Failure to Comply with Final Orders. In addition to any other sanction <br /> or remedial injunctive procedure which may be available at law or equity, any <br /> person failing to comply with a final order issued by the administrator or board of <br /> adjustment (hearing officer if appropriate), shall be subject to a cumulative civil <br /> penalty in an amount not to exceed one hundred dollars per day from the date <br /> set for compliance until such order is complied with. The civil penalty shall be <br /> collected by such action brought in the name of the city. <br /> Be and the same is hereby amended to read as follows: <br /> Enforcement--Violation—Penalty. <br /> A. It shall be unlawful to violate or be in conflict with this ordinance. Each day, <br /> defined as the twenty-four-hour period beginning at 12:01 a.m., in which violation <br /> of this ordinance occurs, shall constitute a separate violation. <br /> B. Any person, firm, corporation, or association or any agent thereof who violates <br /> any of the provisions of this chapter shall be subject to the provisions of chapter <br /> 1.20 EMC. In the event an appeal of an order issued pursuant to chapter 1.20 <br />