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Ordinance 1383-87
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Ordinance 1383-87
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Ordinances
Ordinance Number
1383-87
Date
10/14/1987
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• <br /> • <br /> • • t • . ' . <br /> 1 <br /> 2. Copies of the petition for review shall be served as <br /> 2 in all civil actions. <br /> 3 3. The filing of the petition shall not stay enforcement <br /> of a CEASE AND DESIST ORDER except by order of the <br /> 4 Superior Court and on posting of a bond to be <br /> determined by the court naming the City as <br /> 5 beneficiary. <br /> 6 4. The review shall be conducted by the court without a <br /> jury. The record shall be satisfied by a narrative <br /> 7 report certified by the Violations Hearing Examiner <br /> and no verbatim record of proceedings before the <br /> 8 Violations Hearing Examiner shall be required to be <br /> presented to the Superior Court. <br /> 9 <br /> 5. The court may affirm the CEASE AND DESIST ORDER or <br /> 10 remand the case for further proceedings; or it may <br /> reverse the Order if the substantial rights of the <br /> 11 petitioners may have been prejudiced because the <br /> findings, conclusions and decision are: <br /> 12 <br /> a. in violation of constitutional provisions; or <br /> 13 <br /> b. in excess of the authority or jurisdiction of <br /> 14 the Violations Hearing Examiner. <br /> 15 <br /> Section 5: Said CEASE AND DESIST ORDER shall be served upon the person <br /> 16 <br /> to whom it is directed, either personally or by mailing a copy of the ORDER <br /> 17 <br /> to such person at his/her last known address or by posting a copy of the <br /> 18 <br /> ORDER conspicuously on the affected property or structure, if any. Proof of <br /> 19 <br /> service shall be made by a written declaration under penalty of perjury by <br /> 20 <br /> the person effecting the service, declaring the time and date of service and <br /> 21 <br /> the manner by which service was made. Thereafter, violation of the terms of <br /> 22 <br /> a CEASE AND DESIST ORDER shall be a misdemeanor punishable by a fine of not <br /> 23 <br /> to exceed $1 ,000 per day. Citations for violations of a CEASE AND DESIST <br /> 24 <br /> ORDER shall be filed in Everett Municipal Court. <br /> 25 <br /> Section 6: Ordinance No. 293-74 is hereby superseded with regard to <br /> 26 <br /> the ordinances listed in Section 2 hereof and the following sections of <br /> 27 <br /> ordinances are repealed: <br /> 28 <br /> 29 E.M.C. 8.20.030 Sec. 7 of Ordinance No. 1720; Sec. 4 of <br /> Ordinance No. 4058 <br /> 30 <br /> E.M.C. 8.24.060 `Sec. 5 of Ordinance No. 278-74 II <br /> 31 <br /> E.M.C. 13.12.050 Sec. 6 of Ordinance No. 4056 <br /> 32 <br /> 6 <br />
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