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Section 5. Effective Date <br /> This Ordinance is hereby adopted as an emergency ordinance. As reflected in the Findings of <br /> Fact,this Ordinance is necessary to preserve the public peace,health, safety, and welfare and to <br /> prevent the vesting of rights incompatible with the later adoption of a regulatory scheme <br /> addressing collective gardens. As such,this Ordinance shall take effect and be in full force <br /> immediately upon becoming valid. <br /> Section 6. Enforcement <br /> A. Enforcement of the provisions of this Ordinance will be performed in accordance with <br /> Chapter 1.20 of the Everett Municipal Code. <br /> B. No person or entity may violate or fail to comply with any provisions of this Ordinance. <br /> Each person or entity commits a separate offense for each and every day they commit,continue, <br /> or permit a violation of any provision of this Ordinance. <br /> C. Any violation of this Ordinance is hereby declared to be a public nuisance. <br /> D. The City Attorney is authorized to file for injunctive or other civil relief in any court of <br /> competent jurisdiction. The violator will be responsible for costs, including reasonable attorney <br /> fees. <br /> Section 7. Conflict <br /> In the event there is a conflict between the provisions of this Ordinance and any other City <br /> ordinance,the provisions of this Ordinance shall control. <br /> Section 8. Severability <br /> Should any section, subsection,paragraph, sentence, clause,phrase, or portion of this Ordinance <br /> or its application to any person or situation,be declared unconstitutional, invalid for any reason, <br /> or preempted by state or federal law or regulations, such decision shall not affect the validity of <br /> the remaining portions of this Ordinance or its application to any other persons or situations.The <br /> City Council hereby declares that it would have adopted this Ordinance and each section, <br /> subsection,paragraph, sentence,clause,phrase,or portion thereof irrespective of the fact that any <br /> one or more sections, subsections,paragraphs, sentences,clauses,phrases,or portions be <br /> declared unconstitutional, invalid, or preempted. <br /> Section 9. General Duty <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety,and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in <br /> this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees.Nothing contained in this Ordinance is intended nor shall be construed to create or <br /> form the basis of any liability on the part of the City, or its officers, employees, or agents, for any <br /> Page 4 of 5 <br />