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Ordinance 3091-08
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Ordinance 3091-08
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Ordinances
Ordinance Number
3091-08
Date
9/3/2008
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C. The Chief of Police may refer the matter to the City Attorney for enforcement if, <br /> within a six-month period from issuance of the Notice & Demand, the Chief of Police <br /> receives an additional police report documenting the occurrence of a Nuisance Activity: <br /> 1. Upon the Property or <br /> 2. Within 200 feet of the Property and involving the Person in Charge of the <br /> property or any person associated with the Person in Charge of the property. <br /> Section 4: Violation - Penalty. Title 9 of the Everett Municipal Code is amended by the <br /> addition of the following section: <br /> A. Any Property within the City that is a Chronic Nuisance Property is in violation of <br /> this ordinance and subject to the remedies described herein, and to the enforcement <br /> procedures, remedies and penalties set forth in Chapter 1.20 EMC, and to the <br /> enforcement procedures, remedies and penalties set forth in Title 5 of the EMC. <br /> B. Any Person in Charge of property that is a Chronic Nuisance Property is in <br /> violation of this ordinance and subject to the remedies described herein, and to the <br /> enforcement procedures, remedies and penalties set forth in Chapter 1.20 EMC, and <br /> to the enforcement procedures, remedies and penalties set forth in Title 5 of the EMC <br /> unless he/she can show that he/she is in compliance with a written plan of action that <br /> he/she has entered into with the City to abate the nuisance, as described in Section 7 <br /> of this ordinance. <br /> C. Whenever the City issues a Violation Citation to more than one person because of <br /> a violation of this ordinance, those Persons shall be jointly and severally liable. <br /> Section 5: Enforcement—City Attorney <br /> A. Notwithstanding any other provision of the Everett Municipal Code, the City <br /> Attorney, on behalf of the City, is authorized to take appropriate action to enforce <br /> compliance with the provisions this ordinance. Said enforcement action may include, <br /> but is not limited to, any of the following remedies: <br /> 1. Issuance of a Violation Citation under Chapter 1.20 EMC. A Violation Citation <br /> issued for a violation of the provisions of this ordinance may include in its <br /> corrective action suspension or revocation of any license issued under Title 5 of <br /> the EMC, and the Violations Hearing Examiner is hereby granted specific <br /> authority to so order license suspension or revocation; or <br /> 2. Application to any court of competent jurisdiction for injunction, mandamus or <br /> other appropriate action or proceeding to prevent continuing Nuisance Activities <br /> at the Property and/or restraining any Person from violating any of the provisions <br /> of this ordinance and compelling compliance with the provisions herein. The <br /> Person shall pay all City costs, as defined in EMC 1.20.090.B, of seeking such <br /> relief in the event the City is successful in obtaining the relief. Said costs and/or <br /> other penalties may be collected by assessment lien in accordance with Chapter <br /> 1.20 EMC. <br /> B. Nothing in this ordinance shall be construed to prevent or prohibit the City from <br /> pursuing immediate relief from Nuisance Activities at a Property by any other means <br /> available by law, including but not limited to emergency relief under Chapter 1.20 and <br /> an order of the fire code official under the Everett Fire Code. Penalty and <br /> 5 <br />
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