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• <br /> City attorney is authorized to commence an action to restrain and enjoin a <br /> violation of this Ordinance and complete compliance with the provision of this <br /> Ordinance. The costs of such action shall be taxed against the violator. <br /> 2. Penalty: <br /> a. Any person, firm or corporation, or association, or any agent of any <br /> person, firm, corporation or association who violates any provision of this <br /> Ordinance shall be guilty of a misdemeanor and upon conviction thereof, <br /> shall be punishable by a fine not to exceed one thousand dollars <br /> ($1,000), or imprisonment in jail not to exceed ninety (90) days, or both <br /> imprisonment and fine Each separate day or any portion thereof, during <br /> which any violation of any provision of this Ordinance occurs or <br /> continues, shall be deemed a separate and distinct offense. <br /> b. Any violation of the provisions of this Ordinance constitutes a public <br /> nuisance which the City can abate by an action in Snohomish County <br /> Superior Court. The cost of such action shall be taxed against the <br /> violator. <br /> c. Penalty and enforcement provisions in this Ordinance are not exclusive, <br /> and the City may pursue any remedy or relief it deems appropriate. <br /> E. Vesting <br /> The approval of a Binding Site Plan does not affect the status of previously <br /> completed applications, approvals, or permits issued. Approval of a Binding <br /> Site Plan will not extinguish or create vested rights resulting from previously <br /> completed applications, approvals, or permits issued. <br /> F. Severability <br /> If any provision of this Ordinance shall be declared unconstitutional or invalid by <br /> any court of competent jurisdiction, it shall be without the provision so held <br /> unconstitutional or invalid and the remainder of this Ordinance shall not be <br /> affected as a result of said part being held unconstitutional or invalid. <br /> G. Superseding <br /> Ordinance No. 1120-85 relating to Binding Site Plans and all of the <br /> Ordinances, or portions thereof, in conflict herewith are superseded by <br /> this Ordinance. Further, nothing contained in this section shall be <br /> construed as abating any action now pending under or by virtue of any <br /> Ordinance of the City herein superseded, or as discontinuing, abating, <br /> modifying or altering any penalty accrued or to accrue, or as affecting the <br /> liability of any person, firm or corporation, or as waiving any right of the <br /> City under any Ordinance, provision thereof, or any agreement in force at <br /> the time of passage of this Ordinance. <br /> H. Liability <br /> This Ordinance provides for and promotes the health, safety, and welfare of the <br /> general public, and does not create or designate any particular class or group of <br /> 24 <br />