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a. In violation of constitutional provisions; or <br /> 1 <br /> b. In excess of the statutory authority or <br /> 2 jurisdiction of the Hearing Examiner. <br /> 3 <br /> Section 5: Validity. <br /> 4 <br /> Should any section, subsection, paragraph, sentence, clause or phrase <br /> 5 <br /> of this ordinance or its application to any person or situation be declared <br /> 6 <br /> unconstitutional or invalid for any reason, such decision shall not affect <br /> 7 <br /> the validity of the remaining portions of this ordinance or its application <br /> 8 <br /> to any other person or situation. The City Council of the City of Everett <br /> 9 <br /> hereby declares that it would have adopted this ordinance and each section, <br /> 10 <br /> subsection, sentence, clause, phrase or portion thereof irrespective of the <br /> 11 <br /> fact that any one or more sections, subsections, sentences, clauses, phrases <br /> 12 <br /> or portions be declared invalid or unconstitutional . <br /> 13 <br /> Section 6: Savings Clause. <br /> 14 <br /> The enactments of this chapter shall not affect any case, proceeding, <br /> 15 <br /> appeals or any matter pending in any court, or in any way modify any right <br /> 16 <br /> or liability, civil or criminal , which may be in existence on the effective <br /> 17 <br /> date of this ordinance. <br /> 18 <br /> Section 7: Third Party Liability. <br /> 19 <br /> It is expressly the purpose of this Section to provide for and promote <br /> 20 <br /> the health, safety and welfare of the general public and not to create or <br /> 21 <br /> otherwise establish or designate any particular class or group of persons <br /> 22 <br /> who will or should be especially protected or benefited by the terms of this <br /> 23 <br /> Section. <br /> 24 <br /> It is the specific intent of this Section that no provision nor any <br /> 25 <br /> term used in this Section is intended to impose any duty whatsoever upon the <br /> 26 <br /> City or any of its officers or employees, for whom the implementation and <br /> 27 <br /> enforcement of this Section shall be discretionary and not mandatory. <br /> 28 <br /> Nothing contained in this Section is intended nor shall be construed to <br /> 29 <br /> create or form the basis of any liability on the part of the City, or its <br /> 30 <br /> officers, employees or agents, for any injury or damage resulting from any <br /> 31 <br /> 32 <br /> 15 <br />