Ordinance 2114-95 - Laserfiche WebLink

under it shall be subject to a civil infraction of a maximum of Two Hundred and Fifty Dollars ($250) for each violation. Each such person shall be deemed guilty of a separate offense for each and every day during which any a violation of any of the provisions of this ordinance occurs. E) Provisions Nonexclusive. Penalty and enforcement provisions provided in this section are not exclusive, and the City may pursue any remedy or relief it deems appropriate. Section 40: Appeal . Any written determination of the sealer is appealable by the person to whom the determination is directed. Such appeal shall be in writing and filed with the City Clerk within ten (10) days of the date of issuance. The appeal shall be heard by the City Council. The Council shall sustain the sealer's determination unless there is a substantial error in law, fact or procedure in which case Council can grant the appeal, remand the determination to the sealer or modify the sealer's decision accordingly. The decision of the Council shall be final unless within thirty (30) calendar days from the date of Council's decision a writ of certiorari is obtained from Snohomish County Superior Court for the purpose of review of the action taken. Section 41: Injunction. The City 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 from violating any provision of this ordinance. Section 42 : Presumptive evidence. For the purpose of this ordinance, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, in which or from which buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge in such building, enclosure, stand or vehicle. Section 43 : Validity of prosecution. Prosecutions for violation of any provision of this ordinance are declared to be valid and proper notwithstanding the existence of any other valid general or specific statute of the State or ordinance of this City dealing with matters that may be the same as or similar to those covered by this ordinance. Section 44 : Repealer Ordinance No. 4087 (Chapter 9 . 70 EMC) is repealed. Section 45: Savings. The repeal of Ordinance No. 4087 does not affect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the repealed ordinance. 18