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(D)Notwithstanding. any other provision of this ordinance, whenever the City Engineer finds <br /> that a violation of this ordinance or rules or regulations adopted hereunder has created or <br /> is creating an unsanitary, dangerous, or other condition which, in his judgment, <br /> constitutes and immediate hazard, he may suspend or revoke any permit for which the <br /> approval of a drainage plan is required on the project or development where the violation <br /> exists and suspend or terminate operations under the permit immediately. <br /> Any person causing material to be discharged to or enter the drainage system of the City <br /> shall be liable for all costs incurred by the City or others in cleaning up or correcting said <br /> action and may be charged with a misdemeanor punishable by fines. <br /> (E) Penally or enforcement provisions provided herein shall not be exclusive, and the City <br /> may pursue any remedy or relief deemed appropriate. <br /> They City Council may institute a suit for a mandatory injunction directing a person to <br /> remove a structure or make the same comply with its terms. If the City Council is <br /> successful in its suit, the respondent shall bear the costs of the action, including <br /> reasonable attorney fees. <br /> The failure or refusal of the City to enforce any provision of this ordinance, and as <br /> hereafter amended, shall not constitute a waiver or bar to prevent enforcement thereof <br /> against any person for a subsequent violation hereof, or for any other violation by any <br /> other person. <br /> SECTION 12: SEVERABILITY. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any reason, <br /> such decision shall not affect the validity of the remaining portions of this ordinance or its <br /> application to any other person or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this ordinance and each section, subsection, sentence. clause, • <br /> phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, <br /> sentences, clauses, phrases or portions be declared invalid or unconstitutional. <br /> 41 <br />