Chapter 17.32
ENFORCEMENT

Sections:

17.32.040    Violation—Misdemeanor.

17.32.050    Violation—Permits—Civil action.

17.32.040 Violation—Misdemeanor.

A.    Any person who violates any provision of this title or any local regulation adopted pursuant to this title relating to the sale, lease or transfer of any lot, tract or parcel of land is guilty of a gross misdemeanor.

B.    Any person who violates any court order or injunction issued to enforce the provisions of this title shall be fined not more than five thousand dollars or imprisoned for not more than ninety days, or both.

C.    For purposes of this section, each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of this title or any local regulation adopted pursuant thereto shall be deemed to be a separate and distinct offense. (Ord. TLS 17-12-44C Exh. A (part): prior code § 16.04.090)

17.32.050 Violation—Permits—Civil action.

A.    No building permit, septic tank permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of any provision of this title or any local regulation adopted pursuant to this title unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. This subsection shall apply to the property of every purchaser or transferee except that of an innocent purchaser for value without actual notice, and such purchaser or transferee may recover his damages including any amount reasonably spent as a result of inability to obtain any development permit, to conform to the requirements of this title, the cost of investigation, suit and reasonable attorney’s fees occasioned thereby, or in the alternative rescind the sale and recover costs of investigation, suit and reasonable attorney’s fees occasioned thereby.

B.    It is not lawful to divide into two or more lots, tracts or parcels of land or for any person to sell, lease or transfer, or offer or advertise for sale, lease or transfer any such lot, tract or parcel without having first filed for record a final plat thereof, or in the case of a short plat, approval granted in accordance with DCC Section 17.10.020. The prosecuting attorney shall commence an action to restrain and enjoin further subdivision or sale, lease or transfer, or offer to sell, lease or transfer, such property and compel compliance with all provisions of this title on those lands which have been previously subdivided, sold, leased, transferred or offered for sale, lease or transfer in noncompliance with this title. The costs of such action shall be taxed against the person selling, leasing or transferring the property.

C.    The prosecuting attorney may in the enforcement of this title accept an assurance of discontinuance of any act or practice deemed to constitute a violation of this title from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and filed with and subject to the approval of the superior court of the county, and violation of such assurance shall constitute prima facie proof of a violation of this title.

D.    In the case of any land which has been subdivided in violation of any provision of this title, the treasurer shall refuse to accept excise tax payments, the auditor shall refuse to accept for recording, and the assessor shall refuse to segregate such tracts, parcels or lots. (Ord. TLS 17-12-44C Exh. A (part): prior code § 16.04.100)