Chapter 17.44
ENFORCEMENT AND PENALTIES
Sections:
17.44.010 Short plat violations – Penalties.
17.44.020 Plat violations – Penalties.
17.44.030 Injunctive actions prior to final plat approval.
17.44.040 Injunctive actions subsequent to final plat approval.
17.44.050 Injunctive actions by City.
17.44.060 Violation of injunction or court order – Penalty.
17.44.070 Rescission of approval by City.
17.44.080 Restriction of permit issuance.
17.44.090 Damages or rescission by purchasers.
17.44.005 Purpose.
It is the intent of this chapter to establish the process through which violations of this title shall be enforced, including the penalties that may be assessed for violations. (Ord. 1734 § 1, 2012)
17.44.010 Short plat violations – Penalties.
A. Any person, firm, corporation, association, other entity or agent thereof who sells, transfers or leases, either by deed, real estate contract or lease agreement, any nonexempt division of land within the City comprising part of a short subdivision as defined by this title without a short plat approved by the Subdivision Administrator being first recorded with the county auditor shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment in the County Jail Facility for not more than 90 days, or both, for each such sale, transfer or lease.
B. Any person, firm, corporation, association, other entity or agent thereof who fails to comply with the short plat provisions of this title or conditions of short plat approval noted on the face of the recorded short plat shall be guilty of a misdemeanor punishable by a fine of not more than $500.00, or imprisonment in the County Jail Facility for not more than 90 days, or both, for each day such violation continues. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.020 Plat violations – Penalties.
A. Any person, firm, corporation, association, other entity or agent thereof who advertises or otherwise offers for sale, sells, transfers or leases any nonexempt division of land within the City comprising part of a subdivision as defined by this title without compliance with Chapter 17.20 FMC, or alternatively the recording of any approved final plat with the county auditor, shall be guilty of a gross misdemeanor punishable by a fine or imprisonment, or both, to be fixed by the Court as provided by law for each such sale, transfer or lease.
B. Any person, firm, corporation, association, other entity or agent thereof who fails to comply with the plat provisions of this title or conditions of plat approval noted on the face of the recorded final plat shall be guilty of a gross misdemeanor punishable by a fine or imprisonment, or both, to be fixed by the Court as provided by law for each day such violation continues. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.030 Injunctive actions prior to final plat approval.
In addition to the criminal remedies prescribed by this title, the City prosecuting attorney:
A. Shall commence an action to restrain and enjoin further advertising, offers for sale, sales, transfers or leases after one or more such acts have been performed in violation of this title prior to recording of an approved final plat as provided in Chapter 58.17 RCW; or
B. May accept an assurance of discontinuance of any act or practice deemed in violation of this title from any person engaging in or who has engaged in such act or practice which shall be filed in and approved by the county superior court and shall constitute prima facie proof of a violation of this title as provided in Chapter 58.17 RCW; and
C. Shall apply for a writ of mandate in the name of and on behalf of the City directing the county auditor and county assessor to remove from their files and records any unapproved plat or unapproved dedication filed of record as provided by Chapter 58.17 RCW. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.040 Injunctive actions subsequent to final plat approval.
In addition to the criminal remedies prescribed by this title, the City prosecuting attorney, or the Washington State Attorney General if the prosecuting attorney fails to act, may commence an action to restrain and enjoin any use of land violative of any plat provision of this title or of any term or condition of plat approval and to compel compliance therewith with a request that costs be taxed against the violator as provided by Chapter 58.17 RCW. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.050 Injunctive actions by City.
In addition to the criminal and other injunctive remedies prescribed by this title, the Mayor may authorize the City Attorney to take appropriate action including commencement of an action to restrain and enjoin any violation of this title or to compel compliance with any term or condition of short plat or final plat approval. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.060 Violation of injunction or court order – Penalty.
Any person who violates any court order or injunction issued pursuant to this title shall be subject to a fine of not more than $5,000, or imprisonment for not more than 90 days, or both. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.070 Rescission of approval by City.
Any short plat, preliminary plat or final plat approval may be rescinded by the City Council prior to sales of divisions therein after a hearing and upon a finding that an applicant has not complied with conditions of the approval or obtained the approval by means of material irregularity in procedure, misrepresentation or lack of full disclosure of facts bearing upon the public use and interest to be served by the short platting or platting. Notice of the time, date, place and purpose of the hearing shall be mailed to the applicant and any known successor in interest to the applicant by registered or certified letter at least 10 days prior to the hearing. Any rescission of short plat or final plat approval shall be by written resolution recorded with the county auditor referencing the recording numbers of the short plat or final plat and the reasons for rescission of approval. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.080 Restriction of permit issuance.
Except when land has been purchased or leased by an innocent purchaser for value who did not have actual notice of a short plat or plat violation of this title, no building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this title unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.44.090 Damages or rescission by purchasers.
Any purchaser or transferee of land included within a short plat or plat sold or leased in violation of this title shall comply with the provisions of this title and may recover damages for so doing from any person, firm, corporation or agent selling or leasing the land in violation of the provisions of this title, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this title as well as cost of investigation, suit and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorneys’ fees occasioned thereby. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)