Chapter 17.31
VIOLATIONS AND REMEDIES
Sections:
17.31.010 Violations.
A. It is unlawful for the owner of land located in a subdivision to transfer, sell, offer to sell, or enter into a contract to sell land in a subdivision before a plat of the subdivision has been prepared, approved and filed in accordance with this code and applicable state statutes.
B. It is unlawful for a person to file a plat or other document depicting subdivided land in a public recorder’s office unless the plat or document has been approved by the platting authority.
C. It is unlawful for a person to violate a subdivision regulation of this code, or a term, condition, or limitation imposed by the platting authority. (Ord. 90-03 § 1 (part), 1990.)
17.31.020 Remedies.
A. Civil Penalties. Any person who commits an act or omission that is a violation under this section will be subject to a civil penalty of up to one thousand dollars plus any surcharge required to be imposed under AS 12.55.039. Each day that an unlawful act or condition continues constitutes a separate violation.
B. Other Remedies. The city or an aggrieved person may institute a civil action against a violator to enjoin the violation. Upon application for injunctive relief and a finding of a violation or threatened violation, the superior court shall (pursuant to AS 29.40.190) grant the injunction. (Ord. 90-03 § 1 (part), 1990; Ord. 99-04 § 19, 1999.)
APPENDIX A
EXAMPLES OF CERTIFICATES AND AFFIDAVITS FOR SUBDIVISION FINAL PLATS
OWNERSHIP AND DEDICATION
We hereby certify that I/we are the owners of the property shown and described hereon; that we do approve of this survey and plat; and that we do for ourselves, our heirs, and assigns dedicate, donate, and convey to the public all rights-of-way/alleys/public utility areas/easements/other public areas as shown hereon.
Notary for______________________________
subscribed and sworn to me this _____ day of______, 20_____.
____________________ _____________________
Notary for Alaska My Commission Expires
SURVEYOR’S STATEMENT
I, (name of surveyor) the undersigned, hereby certify that I am properly registered and licensed to practice land surveying in the State of Alaska, that this plat represents a survey made by me or under my direct supervision, that the monuments shown hereon actually exist as described, and that all dimensions and other details are correct.
________________________________ _________ _____________________
Signature Date Registration Number
TAX STATEMENT
I hereby certify that all ad valorem taxes, special assessments, and other charges required by law to be placed on the tax roll have been paid.
________________________________ __________ OR
City Clerk Date
The lands described and contained hereon are not subject to taxation at the time of plat recording. (for allotments)
________________________________ __________
City Clerk Date
CERTIFICATE OF IMPROVEMENTS
A bond/cash deposit has been executed/deposited in an amount determined by the City of Dillingham to provide for the ultimate installation of required subdivision improvements. OR All required subdivision improvements have been installed by the subdivider, inspected and accepted by the City of Dillingham.
________________________________ __________
City Planning Official or Designee Date
CERTIFICATE OF APPROVAL BY THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
This subdivision has been reviewed in accordance with 18 AAC 72.065 and is approved, subject to any noted restrictions.
_____________________________ ______________ __________
Signature Title Date
ACCEPTANCE OF DEDICATION
The City of Dillingham hereby accepts for public uses and for public purposes the real property dedicated on this plat including, but not limited to the real property, right-of-way and easements for public utilities, streets, alleys, thoroughfares, trails, parks and other public areas shown hereon.
_____________________________ __________
Mayor Date
_____________________________ __________
City Clerk Date
PLAT APPROVAL
This plat having been approved by the Dillingham Planning Commission as recorded in the official minutes of the meeting of _______________is hereby acknowledged and accepted as the official plat subject to any and all conditions and requirements of ordinances and law appertaining thereto.
_________________________________ __________
Presiding Officer-Planning Commission Date
EXCEPTION TO ROAD STANDARDS
The road (or portion of the road) indicated on this plat as a road granted an exception to the road standards of Title 17, Subdivisions, does not conform to the road standards required by said Title 17. The City of Dillingham accepts dedication of the right-of-way but does not accept any responsibility for road improvement or maintenance. Subdivision lots served by a road which has been granted an exception to the road standards of this ordinance cannot be sold until the road is constructed to the standards of Title 17, Subdivisions, in the Dillingham Municipal Code, inspected by the City and accepted.
____________________________ __________
Mayor Date
____________________________ __________
Subdivider Date