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• <br /> 1 ORDINANCE NO. ,-57./ 7/ <br /> 2 <br /> AN ORDINANCE amending Subsection 4 of Section 16 of Ordinance No. <br /> 3 470-77 to enable the City to collect civilly the $20 per violation <br /> penalty assessed by the Hearing Examiner in addition to, or in lieu of, <br /> 4 the forfeiture of the offending vehicle, and to provide the City with <br /> the right of appeal as well as the defendant. This ordinance is also to <br /> 5 amend Subsection 4 of Section 16 of Ordinance No. 470-77 to allow the <br /> time to pay the fine and the time in which to file an appeal to thirty <br /> 6 (30) days. This ordinance is also to amend Section 7 (a) of Ordinance <br /> No. 474-77 to allow any person, including the City, the opportunity to <br /> 7 review the final decision of the Hearing Examiner in Superior Court. <br /> 8 <br /> 9 WHEREAS, the Hearing Examiner Ordinances, No. 470-77 Section 16 and No. <br /> 10 474-77, were adopted by the City of Everett; and <br /> 11 WHEREAS, Subsection 4 of Section 16 of Ordinance No. 470-77 limits the City's <br /> 12 recovery upon the determination by the Hearing Examiner that a vehicle constitutes a <br /> 13 public nuisance and upon the failure to pay the assessed $20 per violation to the <br /> 14 forfeiture of the offending vehicle; and <br /> 15 WHEREAS, the City Council finds it necessary to amend that subsection to <br /> 16 allow, not only for the forfeiture of the vehicle, but also for the collection of the <br /> 17 twenty dollar ($20) penalty per violation in addition thereto, or in lieu of the forfeiture <br /> 18 of the offending vehicle; and <br /> 19 WHEREAS, Subsection 4 of Section 16 of Ordinance No. 470-77 limits the time in <br /> 20 which to pay the fine to three (3) days and limits the time in which to prosecute the <br /> 21 appeal to fifteen (15) days; and <br /> 22 WHEREAS, the City Council finds it necessary to amend that subsection to allow <br /> 23 the time to pay the fine to thirty (30) days and the time in which to file an appeal to <br /> 24 thirty (30) days; and <br /> 25 WHEREAS, Subsection 4 of Section 16 of Ordinance No. 470-77 provides that the <br /> 26 owner of record shall be able to appeal the decision of the Hearing Examiner; and <br /> 27 WHEREAS, the City Council finds it necessary to amend that subsection to allow <br /> 28 the City the right to appeal a decision of the Hearing Examiner as well as the owner of <br /> 29 record; and <br /> 30 WHEREAS, Section 7 of Ordinance No. 474-77 provides that any person aggrieved <br /> 31 by a final decision is entitled to review; and <br /> 32 <br />