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• <br /> 9.6 Administrative Fines <br /> A. When the Director finds that a user has violated or continues to violate any <br /> provision of this ordinance, a wastewater discharge permit or order issued <br /> hereunder, or any other pretreatment standard or requirement, the Director may <br /> fine such user in an amount not less than $250 and not to exceed $10,000. Such <br /> fines shall be assessed on a per violation, per day basis. In the case of monthly or <br /> other long term average discharge limits, fines shall be assessed for each day <br /> during the period of violation. Said Administrative fines shall constitute a sewer <br /> service surcharge, and upon assessment, shall be subject to collection in the same <br /> manner as all other sewer utility rates, charges and penalties. <br /> B. Unless other arrangements have been made with, and authorized by the Director, <br /> unpaid charges, fines, and penalties shall accrue thereafter at a rate of one percent <br /> (1%) per month. After 90 days, if charges, fines, and penalties have not been paid, <br /> the City may revoke the user's discharge permit. <br /> C. Users desiring to appeal and dispute such fines must file a written request for the <br /> Director to reconsider the fine along with full payment of the fine amount within <br /> ten (10) days of being notified of the fine. Upon receipt of a timely appeal, the <br /> Director shall set a date and time for an appeal hearing, but in no case shall the <br /> hearing be set more than thirty (30) days from the receipt of the timely notice of <br /> appeal. The appellant shall be notified in writing of the date , time, and place for <br /> the appeal hearing. The Director or his/her designee shall serve as the Hearing <br /> Examiner. In the event the user's appeal is successful, any payments made shall be <br /> returned to the user. Affirmance or modification of an administrative fine by the <br /> Public Works Director shall relate back to the original date of assessment. <br /> The City shall recover the costs of preparing administrative enforcement actions, <br /> such as notices and orders, including the cost of additional inspections, sampling <br /> and analysis, and may add them to the fine. <br /> D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, <br /> taking any other action against the user. <br /> E. Users seeking judicial review of administrative fines must do so by filing a Petition <br /> for Review in the Snohomish County Superior Court within thirty (30) days of the <br /> decision of the Director. <br /> Section 9: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its <br /> application to any person or situation be declared unconstitutional or invalid for any reason, such <br /> decision shall not affect the validity of the remaining portions of this ordinance or its application <br /> to any other person or situation. The City Council of the City of Everett hereby declares that it <br /> would have adopted this ordinance and each section, subsection, sentence, clause, phrase or <br /> portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases <br /> or portions be declared invalid or unconstitutional. <br /> 31 <br />