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• <br /> • <br /> •Section 8 : Establishment of Regional Facilities <br /> In the event that public benefits would accrue due to modification <br /> of the drainage plan for the subject property to better implement the <br /> recommendations of the Comprehensive Drainage Plan, the City Engineer <br /> may recommend that the City should assume responsibility for the further <br /> design, construction, operation, and maintenance of the drainage facilities, <br /> or any increment of the responsibility of the facilities on the subject <br /> property. Should establishment of a regional detention facility at a <br /> location not contained in the subject property entail a greater public <br /> benefit, the City Engineer may require the developer to participate in <br /> the cost of such an off-site regional detention facility in lieu of <br /> constructing on-site detention facilities. Such decision shall be made <br /> concurrently with review and approval of the plan as specified in Section 7. <br /> In the event that the City decides to assume responsibility for all or <br /> any portion of the design, construction, operation, and maintenance of <br /> the facilities, the developer will be required to contribute a pro rata <br /> share to the construction cost of the facilities. The developer may be <br /> required to supply additional information at the request of the City <br /> Engineer to aid in the determination by the City. Guidelines for im- <br /> plementing this section will be defined in the Procedures Manual or by <br /> the City Engineer. <br /> Section 13: Enforcement, presently reads: <br /> Section 13: Enforcement <br /> 1. Any person or persons violating this chapter or rule or regulation <br /> adopted hereunder, or by any act of commission or omission, procures, <br /> aids, or abets such violation, shall be guilty of a misdemeanor and <br /> upon conviction, shall be punished by a fine not to exceed Five Hundred <br /> Dollars ($500) and/or imprisonment for a term not to exceed ninety <br /> (90) days. Each day such violation continues shall be considered <br /> an additional misdemeanor offense. <br /> 2. Any conditions which constitute or will constitute a violation <br /> of any of the provisions of this chapter or rules or regulations adopted <br /> hereunder shall constitute a nuisance for which the City may seek legal <br /> or equitable relief to enjoin any acts or practices or abate any said <br /> conditions. <br /> 3. Notwithstanding, any other provision of this ordinance, when- <br /> ever the City Engineer finds that a violation of this chapter or rules <br /> or regulations adopted hereunder has created or is creating an unsanitary, <br /> dangerous, or other condition which, in his judgment, constitutes an <br /> immediate hazard, he may suspend or revoke any permit for which the <br /> approval of a drainage plan is required on the project or development <br /> where the violation exists and suspend or terminate operations under the <br /> permit immediately. <br /> 4. Penalty or enforcement provisions provided herein shall not <br /> be exclusive, and the City may pursue any remedy or relief deemed ap- <br /> propriate in a response to a violation of this new chapter to the Everett <br /> Municipal Code or the rules and regulations adopted hereunder. <br /> and shall be amended to read: <br /> Section 13: Enforcement <br /> 1. The City reserves the right to enter the subject property from <br /> time to time to ascertain that all drainage facilities are functioning. <br /> In the event deficiencies are found, the property owner shall make such <br /> corrections as are necessary within 15 days of the date of notice by the <br /> City. <br /> -3- <br />