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f <br /> IS HEREBY AMENDED AS FOLLOWS: <br /> H. Violation Penalty <br /> 1. Violation: <br /> Any person, firm or corporation, or association, or any <br /> agent of any person, firm, corporation or association who <br /> violates any provision of this Ordinance shall be deemed <br /> guilty of a misdemeanor, and upon conviction thereof, <br /> shall be punishable by a fine not to exceed one thousand <br /> dollars ($1 ,000) or imprisonment in jail not to exceed <br /> ninety (90) days, or both fine and imprisonment. Each <br /> separate day or any portion thereof during which any <br /> violation of this Ordinance occurs or continues shall be <br /> deemed to constitute a separate offense, and upon <br /> conviction thereof, shall be punishable as herein <br /> provided. <br /> 2. Injunctive Action <br /> Any violation of the provisions of this Ordinance <br /> constitutes a public nuisance which the City can abate by <br /> action in Snohomish County Superior Court. The cost of <br /> such action shall be taxed against the violator. <br /> 3. Exception - If performance of an offer or agreement to <br /> sell, lease, or otherwise transfer a lot, tract, or <br /> parcel of land following preliminary plat or preliminary <br /> short plat approval is expressly conditioned on the <br /> recording of the final plat or short plat containing the <br /> lot, tract, or parcel under this Ordinance, the offer or <br /> agreement is not a violation of any provisions of this <br /> Ordinance. All payments on account of an offer or <br /> agreement conditioned as provided in this section shall <br /> be deposited in an escrow or other regulated trust <br /> account and no disbursement to sellers shall be permitted <br /> until the final plat or short plat is recorded. <br /> Section 9: Section 6 of Ordinance No. 1119-85 is hereby amended by <br /> the addition of the following section: <br /> Rules and Regulations <br /> The City's Planning Director is authorized to promulgate rules and <br /> regulations which are consistent with the terms of this Ordinance. <br /> Section 10: Severability <br /> If any provision of this Ordinance shall be declared unconstitutional or <br /> invalid by any court of competent jurisdiction, it shall be conclusively <br /> presumed that this Ordinance would have been enacted without the provision <br /> so held unconstitutional or invalid and the remainder of this Ordinance <br /> shall not be affected as a result of said part being held unconstitutional <br /> or invalid. <br /> i d/ <br /> Mayor, City of Everett <br /> I_ <br /> City Clerk <br /> Passed: 0:2--/5/--r? <br /> Pub: c.:2—ii— Y. 7 <br /> Valid: a _ 6--87 <br /> 2023G <br /> -12- <br />