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5. The court may affirm the CEASE AND DESIST ORDER or <br /> remand the case for further proceedings; or it may <br /> reverse the Order if the substantial rights of the <br /> petitioners may have been prejudiced because the <br /> findings, conclusions and decision are: <br /> a. in violation of constitutional provisions; or <br /> b. in excess of the authority or jurisdiction of <br /> the Violations Hearing Examiner. <br /> SECTION 4: <br /> That Section 5 of Ordinance No. 1383-87 (EMC 1 .20.050) which reads as <br /> follows: <br /> Said CEASE AND DESIST ORDER shall be served upon the person to <br /> whom it is directed, either personally or by mailing a copy of <br /> the ORDER to such person at his/her last known address or by <br /> posting a copy of the ORDER conspicuously on the affected <br /> property or structure, if any. Proof of service shall be made by <br /> a written declaration under penalty of perjury by the person <br /> effecting the service, declaring the time and date of service and <br /> the manner by which service was made. Thereafter, violation of <br /> the terms of a CEASE AND DESIST ORDER shall be a misdemeanor <br /> punishable by a fine of not to exceed $1 ,000 per day. Citations <br /> for violations of a CEASE AND DESIST ORDER shall be filed in <br /> Everett Municipal Court. <br /> be and the same is hereby amended to read as follows: <br /> A. Said CEASE AND DESIST ORDER and/or ORDER OF ABATEMENT shall <br /> be served upon the person to whom it is directed, either <br /> personally or by mailing a copy of the ORDER to such person <br /> at his/her last known address or by posting a copy of the <br /> ORDER conspicuously on the affected property or structure, <br /> if any. Proof of service shall be made by a written <br /> declaration under penalty of perjury by the person <br /> effecting the service, declaring the time and date of <br /> service and the manner by which service was made. <br /> Thereafter, violation of the terms of a CEASE AND DESIST <br /> ORDER and/or ORDER OF ABATEMENT shall be a misdemeanor <br /> punishable by a fine of not to exceed $1 ,000 per day. <br /> Citations for violations of a CEASE AND DESIST ORDER shall <br /> be filed in Everett Municipal Court. <br /> 9 <br />