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Ordinance 3007-07
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Ordinance 3007-07
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Ordinances
Ordinance Number
3007-07
Date
7/11/2007
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such person, firm or corporation shall be punishable by a fine not to exceed one <br /> thousand dollars, or imprisonment in jail not to exceed ninety days, or by other <br /> such fine and imprisonment. <br /> C. The enforcement provisions and procedures provided in this Code are not <br /> exclusive and the City is authorized to pursue any remedy it deems appropriate or <br /> as otherwise provided by law. <br /> D. The issuance or granting of a permit or approval of plans and/or specifications <br /> shall not be deemed or construed to be a permit for, or an approval of, any <br /> violation of any of the provisions of this Code or any other law or regulation. No <br /> permit presuming to give authority to violate or cancel the provision of this Code <br /> shall be valid, except insofar as the work or use, which it authorized, is lawful. <br /> E. The issuance or granting of a permit or approval of plans and/or specifications <br /> shall not prevent the Building Official or designee from thereafter requiring the <br /> correction of errors in said plans and/or specifications or from preventing <br /> construction operations being carried on thereunder when in violation of the Code <br /> or of any other ordinance, law or regulation or from revoking any certificate of <br /> approval when issued in error. <br /> Section 6: Sections 106.5.2 and 106.5.3 of the International Mechanical Code <br /> are deleted. Fees shall be set by resolution. <br /> Section 7: Authority to abate <br /> Section 108.6 of the 2006 Edition of the International Mechanical Code is hereby <br /> amended by the addition of the following: <br /> Authority to Abate: <br /> A. Any violation of the Code determined to exist after inspection by the Building <br /> Code Official is hereby declared to be a nuisance. <br /> B. Where a nuisance exists, the City Attorney on behalf of the City is authorized <br /> to institute injunction, mandamus, or other appropriate action or proceeding to <br /> prevent the violation of this Code. <br /> C. Notwithstanding paragraph(b), the City Attorney is authorized to apply to any <br /> court of competent jurisdiction and such court, upon hearing and for cause shown, <br /> may grant a temporary or permanent injunction restraining any person, firm <br /> and/or corporation from violating any provision of this Code and compelling <br /> compliance herewith. The cost of such action shall be taxed against the violator. <br /> Section 8: Permit expiration <br /> Section 106.4.3 of the 2006 Edition of the International Mechanical Code entitled <br /> "Permit Expiration" is hereby amended by the addition of the following: <br /> 106.4.3.1 Violation Citation—Order <br /> Notwithstanding any language in the Code, in the event a time period is <br /> established in: (1) a violation citation issued by a Code Compliance Officer or the <br /> Building Official, or his or her designee, or(2) an order issued by the Violations <br /> Hearing Examiner, said time period shall supersede the time period provided by <br /> the Code. Any violation of the code is hereby declared to be a nuisance. <br /> Section 8: Severability. The City of Everett hereby declares that should any section, <br /> paragraph, sentence or word of this ordinance, the 2006 International Mechanical Code <br /> -3- <br />
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