Ordinance 2916-06 - Laserfiche WebLink

g. Authorization for the city to assess the costs of the hearing against the person(s) to whom the violation citation was issued in any manner to which it is entitled by law; and h. A statement notifying the person(s) to whom the order is issued that the procedure for filing an appeal is set forth in Chapter 36.70C RCW; 9. Dismiss one or more of the allegations set forth in the violation citation upon a determination that said allegation has not been proved as required by this chapter; and 10. Upon the city's request, retain continuing jurisdiction in a case for a period of up to two additional years. Notwithstanding any other provisions of this Chapter, the hearing examiner shall not have authority to waive requirements of the City of Everett Building Code or the City of Everett Fire Code. Section 4: Section 6 of Ordinance No. 2221-97, as amended by Section 5 of Ordinance No. 2335-98 and Section 2 of Ordinance No. 2838-05 (EMC 1.20.060), which reads as follows: Monetary Penalty — Repeat Violations — Emergency procedures. A. More than one person, firm, corporation, association or agent therefor may be found responsible for a single violation. The violations hearing examiner may impose a monetary penatly for each violation as a joint and several penalty, or individually. B. The monetary penalty for each initial violation shall not exceed five hundred dollars individual or five hundred dollars joint and severally, unless the violator is a repeat violator as defined in this section, in which case the monetary penalty for each repeat violation shall not be less than five hundred dollars nor exceed one thousand dollars. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the violation citation was issued of the duty to correct the violation or preclude the city from taking action to abate the situation as provided herein. The monetary penalty constitutes an obligation of the person(s) to whom the violation citation is issued. Any monetary penalty assessed must be paid to the city within fifteen calendar days of the effective date of the violations hearing examiner's order. The city is authorized to take action to collect the monetary penalty, including filing civil actions or turning the matter over to collection, in which case costs incurred by the city as a result of the collection process will be assessed in addition to the monetary penalty. In addition, the city can also incorporate any outstanding penalty into an assessment lien when the city incurs costs in abating the violation. C. "Repeat violator" means any person, firm, corporation, association, or agent thereof who has had a violation citation issued pursuant to the provisions in this chapter, and within thirty-six months of the issuance of such citation commits or allows to be committed a new and separate violation of a same or similar chapter of the Everett Municipal Code that is enforceable under this chapter, regardless of location. 10