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1 The authority for the pending legal determination of the property line that makes any final <br /> 2 decision at this time moot and potentially repetitious is the Court of Appeals Division I of the State <br /> 3 of Washinston. <br /> 4 ii. Buildcrs Are Required to Comply With the Everett Municipal Code <br /> 5 EMC Title 19 Chapter 2 2.060 slates in relevant part"It is the intent of lhis title to place <br /> G the obligation of complying with its requirements upon the developers, pertnit applicants,owners <br /> 7 and occupiers of thc land or building within its jurisdiction." [t is thc builders,theReincrlscns, who <br /> 8 must comply with the requiremenls of the code. <br /> 9 EMC 2.080 statcs in relevant part, "No building,structure or property shall hereaRer be <br /> 10 used and no building or part thcrcof shall be built,enlazged,demolished or moved except in <br /> I I confortnity with the provisions oPthis titic for thc zone in which it is located". This presumably <br /> 12 includes the property o(the buildcrs, located at 3301 Shore Avenue within lhe City of Gvcrett, as <br /> 13 bcing subject to this titic. <br /> 14 EMC 41.030 B states, "No person, firtn, association,corporation or any agent thereof shall <br /> I S violatc or fail to comply with any provisions of this titic nor use any property,crect any sWclure, <br /> I G occupy or usc any slrucwro or placc any improvcmcnl on any pto�rty in violation of any provision <br /> 17 of this tiAe. lach such person, fimi, association, corporation or agent thereof shall be deemed <br /> 18 guilty of a separale otTense for each and cvery day during which any violation of any provision of <br /> i 9 this litic is commiltcd,continucd or perniitted." 7'his presumably applies to lhe builders,u:, it is <br /> 20 uncontrovcrtcd that thcy arc 'persons'. <br /> 21 'Che codc shall not be used to crcate a scparate class of citizen and to this end must bc <br /> 22 cnforccd evenly. F,MC 2.050 slates, "1�his titic shall bc enforced for the benefit of lhc health, <br /> 23 saCety and wclfarc of the general public, and not to crcate or othenvise establish or designate any <br /> 24 <br /> MGMOIUNDUM OP APPh:I.1,AM'S'ARGUMINf ANU CMIG UII,WOR711;3223 51100.f:Al'[li\TRITf,WA 98203 <br /> '�S AIJTIIORITYANINOHSUI'PI.IiMIiM'IUMIiMOFtANUUM-G 425J53-7120 <br /> of 14 <br /> EXHIBIT #��_,/ <br /> PAGE��F�T <br />