Ordinance 566-78 - Laserfiche WebLink

. 1 WHEREAS, the City Council finds that Section 7 should be amended to provide 2 that any person aggrieved, including the City, is entitled to review. 3 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 4 Section 1: That Section 16 of Ordinance No. 470-77, Subdivision 4, which 5 reads as follows: 6 4. If the hearings examiner makes a finding that the vehicle is a public 7 nuisance, as defined herein, he shall require the registered owner thereof to pay a civil penalty of twenty dollars per violation. If the 8 registered owner fails to pay said find (within a period of three calendar days), the vehicle shall be deemed forfeited to the City and 9 shall be removed to a specified City impoundment location by towing or other method by the City or its delegate from wherever 10 found within the City limits; provided that notwithstanding any provision of this section, the owner of record shall have access to 11 the judicial system as provided by law in order to appeal the findings of fact or conclusions of law of the hearings examiner if such appeal 12 is prosecuted before the expiration of fifteen days from the date of hearing. 13 14 be and the same is hereby amended to read as follows: 15 4. If the hearing examiner makes a finding that the vehicle is a public 16 nuisance, as defined herein, he shall require the registered owner thereof to pay a civil penalty of twenty dollars ($20) per violation 17 for all violations. If the registered owner fails to pay said fine within a period of thirty (30) days: 18 a. The vehicle shall be deemed forfeited to the City and 19 may be removed to a specified City impoundment location by towing or other method by the City or its 20 delegate from wherever found within the City limits; and/or 21 b. The City or its assignee may bring a civil action 22 requiring the registered owner to pay a civil penalty of twenty dollars ($20) per violation. 23 Provided, however, that if the City or its assignee shall pursue 24 collection by judicial action as well as impoundment and sale of the vehicle, the City shall retain only so much of the 25 proceeds of the judicial action and sale proceeds as constitutes twenty dollars ($20) per violation, plus the cost of any other 26 outstanding parking citations and legal fees. 2? Notwithstanding any provision of this section, the owner of record, as well as the City, shall have access to the judicial 28 system as provided by law in order to appeal the findings of fact or conclusions of law of the hearing examiner if such 29 appeal is filed before the expiration of thirty (30) days from the date of hearing. 30 31 32 Page -2-