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b. In addition to any penalty that may be imposed by the City, any person <br />violating or failing to comply with this section shall be liable for all damage to public or <br />private property arising from such violation, including the cost of restoring the affected <br />area to its condition prior to the violation. <br />c. Any penalties imposed under this section may be doubled should the <br />violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or <br />secondary school, playground, recreation center or facility, child care center, public <br />park, public transit center, or library, or any game arcade to which admission is not <br />restricted to persons aged 21 years or older, as such terms are defined in WAC 314 -55- <br />010 as now enacted or hereafter amended. <br />d. The penalty imposed by this section under a Violation Notice and <br />Order constitutes a personal obligation of the person(s) responsible for the violation, <br />and may be collected by civil action brought in the name of the City. In addition, the <br />monetary penalties or costs assessed pursuant to this chapter may be assessed <br />against the property that is the subject of the enforcement action. <br />e. The Code Enforcement Officer shall have the discretion to impose <br />penalties in an amount lower than those set forth above. <br />3. Additional Relief. The City may seek legal or equitable relief to enjoin any <br />acts or practices and abate any condition which constitutes or will constitute a violation <br />of this section of the Tukwila Municipal Code. The remedies and penalties provided <br />herein are cumulative and shall be in addition to any other remedy provided by law. <br />Section 9. No Non - conforming Uses. No use that constitutes or purports to be a <br />marijuana producer, marijuana processor, or marijuana retailer, as those terms are <br />defined in this ordinance, that was engaged in that activity prior to the enactment of this <br />ordinance shall be deemed to have been a legally established use under the provisions <br />of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- <br />conforming status. <br />Section 10. Adoption of Findings of Fact. The City Council adopts as its <br />preliminary findings the recitals set forth above. The City Council may adopt additional <br />findings in the event that additional evidence is presented to the City Council. <br />Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the <br />City Attorney, the City Clerk and the code reviser are authorized to make necessary <br />corrections to this ordinance, including the correction of clerical errors; references to <br />other local, state or federal laws, codes, rules, or regulations; or ordinance numbering <br />and section /subsection numbering. <br />W:\ Word Processing \Ordinances\Zoning for production - processing - retailing of marijuana uses 7 -6 -15 <br />NG:bjs <br />48 <br />Page 10of11 <br />