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• <br /> Section 2: That the City of Everett shall not be responsible nor liable for storm <br /> drainage runoff resulting from existing drainage patterns as established on City rights- <br /> of-way that may currently, or in the future, go over, under, or across the above- <br /> described street vacation. <br /> Section 3: That this ordinance shall not become effective until the owners of <br /> the property abutting upon the street herein described have compensated the <br /> Washington State Department of Transportation in an amount equal to one-half the <br /> current appraised value of the area herein described. The abutting property owners <br /> shall have ninety (90) days following passage of this ordinance to exercise this vacation. <br /> Unless otherwise amended by City Council, this ordinance shall be null and void if the <br /> abutting property owners fail to exercise this vacation within ninety (90) days following <br /> passage of this ordinance. <br /> Section 4: Violation Penalty. <br /> a. Violation: Any person, firm or corporation, or association, or any agent of any <br /> persons, firms, corporation or association who violates any provision of this ordinance <br /> (or who fail to comply with any of the provisions herein) shall be deemed guilty of a <br /> violation as is defined in the Everett Criminal Code and shall be punishable by a fine not <br /> to exceed five hundred dollars ($500.00). Each separate day or any portion thereof <br /> during which any violation or non-compliance of this ordinance occurs or continues shall <br /> be deemed to constitute a separate offense and upon conviction thereof shall be <br /> punishable as herein provided. <br /> b. Injunctive Action and Exception: The City is authorized to apply to any court <br /> of competent jurisdiction for and such court, upon hearing and for cause shown, may <br /> grant a temporary or permanent injunction restraining any person, firm, and/or <br /> corporation or association from violating any provision of this ordinance and compelling <br /> compliance with provisions of this ordinance, or with such other terms and conditions as <br /> the cost of such action shall be taxed against the violator, may be imposed. <br /> Section 5: Penalty and enforcement provisions provided in this ordinance shall <br /> not be exclusive, and the City may pursue any remedy or relief it deems appropriate. <br />