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• <br /> • <br /> • c. Standing to appeal is limited to the following: 1) The <br /> applicant or owner of the property on which the binding <br /> site plan is proposed; 2) any property owner who deems <br /> himself aggrieved and will thereby suffer a direct and <br /> substantial impact from the proposed binding site plan. <br /> . C. Violation: <br /> 1. Recording Unapproved Adjustment: <br /> The Auditor shall refuse to accept for recording any binding site <br /> plan which does not bear the verification of approval as defined <br /> by this ordinance. The City Attorney is authorized to commence <br /> an action to restrain and enjoin a violation of this Ordinance <br /> and compel compliance with the provisions of this Ordinance. The _ <br /> costs of such action shall be taxed against the violator. <br /> 2. Penalty: <br /> a. 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 guilty of <br /> a misdemeanor and upon conviction thereof, shall be <br /> punishable by a fine not to exceed one thousand dollars <br /> ($1,000) , or imprisonment in jail not to exceed ninety (90) <br /> days, or both imprisonment and fine. Each separate day or <br /> any portion thereof, during which any violation of any <br /> provision of this Ordinance occurs or continues, shall be <br /> deemed a separate and distinct offense. <br /> b. Any violation of the provisions of this Ordinance <br /> constitutes a public nuisance which the City can abate by <br /> an action in Snohomish County Superior Court. The cost of <br /> such action shall be taxed against the violator. <br /> c. Penalty and enforcement provisions in this Ordinance are <br /> not exclusive, and the City may pursue any remedy or relief <br /> it deems appropriate. <br /> D. Severability: <br /> If any provision of this Ordinance shall be declared unconstitutional <br /> or invalid by any court of competent jurisdiction, it shall be without <br /> the provision so held unconstitutional or invalid and the remainder of <br /> this Ordinance shall not be affected as a result of said part being <br /> held unconstitutional or invalid. <br /> CITY OF EVERETT <br /> WILLIAM E. MOORE, Mayor <br /> ATTEST: <br /> C` CLERK <br /> Passed: 3 -->--q - a <br /> Valid: 171-- <br /> Published <br /> ` <br /> Published: ~' to _ FJ <br /> -15- <br />