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Section 16: VIOLATION-PENALTY. <br /> A. Violation-Injunction Action. Any violation of the <br /> provisions of this chapter constitutes a public nuisance which <br /> the city can abate by an action in Snohomish County superior <br /> court. The costs of such action shall be taxed against the <br /> violator. <br /> B. Civil Penalty. In addition to or as an alternative to any <br /> other penalty provided herein or by law any person who violates <br /> any provision of this chapter shall be subject to a civil penalty <br /> in an amount not to exceed two hundred fifty dollars per <br /> violation. The penalty assessed may be varied to consider the <br /> appropriateness of the penalty to the violator; the gravity of <br /> the violation; the number of past and present violations <br /> committed and the good faith of the violator in attempting to <br /> achieve compliance after notification of the violation. All <br /> civil penalties assessed will be enforced and collected in <br /> accordance with the procedure specified herein and in accordance <br /> with the rules promulgated hereunder. <br /> C. Provisions Nonexclusive. Penalty and enforcement provisions <br /> provided in this chapter are not exclusive, and the city may <br /> pursue any remedy or relief it deems appropriate. <br /> Section 17 : REPEALER. <br /> Ordinance No. 1658-89 (Chapter 5. 70 Everett Municipal Code) is <br /> repealed. All other ordinances or parts thereof in conflict <br /> herewith are hereby repealed. <br /> Section 18 : SAVINGS. <br /> The enactments of this ordinance shall not affect any case, <br /> proceeding, appeal or other matter currently pending in any court <br /> or in any way modify any right or liability, civil or criminal, <br /> which may be in existence on the effective date of this <br /> ordinance. <br /> Section 19: 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 /> 15 <br />