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t <br /> � r .‘ <br /> G. Illegal Transfers <br /> Filing Unapproved Subdivisions or Short Subdivisions: <br /> The County Auditor shall refuse to accept the filing of any division or <br /> redivision of land that has not been approved by the City in accordance <br /> with the provision of this Ordinance. Should any division or <br /> redivision of land be filed without such certification, as set forth in <br /> Sections 3 and 4 of this Ordinance, the City Attorney may apply for a <br /> Writ of Mandate on behalf of the City directing the Auditor to remove <br /> the unapproved subdivision from the Auditor's files. <br /> H. Violation Penalty <br /> 1. Violation: <br /> Any person, firm or corporation, or association, or any agent of <br /> any person, firm, corporation or association who violates any <br /> provision of this Ordinance shall be deemed guilty of a <br /> misdemeanor, and upon conviction thereof, shall be punishable by <br /> a fine not to exceed one thousand dollars ($1 ,000) or <br /> imprisonment in jail not to exceed ninety (90) days, or both fine <br /> and imprisonment. Each separate day or any portion thereof <br /> during which any violation of this Ordinance occurs or continues <br /> shall be deemed to constitute a separate offense, and upon <br /> conviction thereof, shall be punishable as herein provided. <br /> 2. Injunctive Action <br /> Any violation of the provisions of this Ordinance constitutes a <br /> public nuisance which the City can abate by action in Snohomish <br /> County Superior Court. The cost of such action shall be taxed <br /> against the violator. <br /> 3. Exception - If performance of an offer or agreement to sell, <br /> lease, or otherwise transfer a lot, tract, or parcel of land <br /> following preliminary plat approval is expressly conditioned on <br /> the recording of the final plat containing the lot, tract, or <br /> parcel under this Ordinance, the offer or agreement is not a <br /> violation of any provisions of this Ordinance. All payments on <br /> account of an offer or agreement conditioned as provided in this <br /> section shall be deposited in an escrow or other regulated trust <br /> account and no disbursement to sellers shall be permitted until <br /> the final plat is recorded. <br /> I. Non-Exclusive Provisions <br /> Penalty and enforcement provisions provided in this Ordiance are not be <br /> exclusive, and the City may pursue any remedy or relief it deems <br /> appropriate. <br /> J. Severability <br /> If any provision of this Ordinance shall be declared unconstitutional <br /> or invalid by any court of competent jurisdiction, it shall be <br /> conclusively presumed that this Ordinance would have been enacted <br /> without the provision so held unconstitutional or invalid and the <br /> remainder of this Ordinance shall not be affected as a result of said <br /> part being held unconstitutional or invalid. <br /> -36- <br />