2004/06/02 Council Agenda Packet

1 `_# "AEI= _I;s t Fy' .r:� .J y ORDINANCE NO. AN ORDINANCE adopting-the State Energy Code and the State Ventilation and Indoor Air Quality Code and repealing Ordinance No.'s 2361.99 (Chapter 16.10 EMC) WHEREAS, the City Council finds that this ordinance serves to protect the public health, safety and welfare; and WHEREAS, the City Council finds that the absence of the regulations adopted by this ordinance would create a public harm and a public nuisance; and WHEREAS, the City Council finds that the City is mandated by the State to implement and enforce the herein adopted code; NOW THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: The State Energy Code, Chapter 51-11 Washington Administrative Code and the State Ventilation and Indoor Air Quality code, Chapter 51-13 Washington Administrative Code are hereby adopted by reference except for such portions as are modified or amended by this ordinance and are incorporated herein as fully as if set out at length herein and are collectively referred to herein as "Code" unless specifically provided otherwise. Section 2: A. The State Energy Code and the State Ventilation and Indoor Air Quality Code are hereby amended by the addition of the following: Authority to Abate a. Any violation of the code is hereby declared to be a nuisance. b. Where a nuisance exists, the City Attorney on behalf of the City is authorized to institute an injunction, mandamus, or other appropriate action or proceeding to prevent the violation of this Code. c. Notwithstanding paragraph (b), the City Attorney is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a temporary or permanent injunction restraining any person, firm and/or corporation from violating any provision of this Code and compelling compliance herewith. The cost of such action shall be taxes against the violator. () i DEDI/ORDINANCE/ORD 2361-99(WA ST ENERGY CODE&ST VENTILATION&INDOOR AIR QUALITY CODE