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• <br /> Dismissal - Exhaustion. <br /> A. The Hearing Examiner may summarily dismiss an <br /> appeal or application in whole or in part without <br /> hearing when the Examiner determines that the <br /> appeal or application is untimely, without merit <br /> on face, frivolous, beyond the scope of his/her <br /> jurisdiction, brought merely to secure a delay or <br /> that the applicant/appellant lacks standing. <br /> B. No person may seek judicial review of any decision <br /> or determination over which the Hearing Examiner <br /> has jurisdiction unless such person has first <br /> appealed such decision or determination using the <br /> procedures set forth in the Hearing Examiner <br /> Ordinance and rules. <br /> SECTION 9 : SEVERABILITY <br /> Should any section, subsection, paragraph, sentence, clause or <br /> phrase of this ordinance or its application to any person or <br /> situation be declared unconstitutional or invalid for any reason, <br /> such decision shall not affect the validity of the remaining <br /> portions of this ordinance or its application to any other person <br /> or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this ordinance and each <br /> section, subsection, sentence, clause, phrase or portion thereof <br /> irrespective of the fact that any one or more sections, <br /> subsections, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> SECTION 9 : SAVINGS <br /> Nothing contained in this section shall be construed as abating <br /> any action now pending under or by virtue of any ordinance of the <br /> City herein superseded; or as discontinuing, abating, modifying <br /> or altering any penalty accrued or to accrue, or as affecting the <br /> liability of any person, firm or corporation, or as waiving any <br /> right of the City under any ordinance, provision thereof, or any <br /> agreement in force at the time of pass. • - c this o dinance. <br /> PE E K # M. for <br /> ATT' <br /> • /7 CUL-I <br /> CITY CLERK , . <br /> Passed: /1/01 �f 93 <br /> Valid: 4,Vo4/13 <br /> Published: 7//o/cs <br /> Effective: /aa/93 <br /> 17 <br />