Chapter 22.95
ENFORCEMENT

Sections:

22.95.001    Generally.

22.95.002    Penalty for violation.

22.95.003    Issuance of permit on illegally divided land.

22.95.004    Sale, lease or transfer of illegally divided land.

22.95.005    Service charge for returned checks.

22.95.001 Generally.

It shall be the duty of the director or his designee to enforce all provisions of this title. No oversight or dereliction on the part of the director or any official or employee of the city vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title. No permit or license for any use, building or purpose shall be issued by any official or employee of the city if it would be in conflict with the provisions of this title or of any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void.

In the event any person, firm or corporation should use, erect, construct, move or alter or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, it is declared a public nuisance and it shall be the duty of the city attorney to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm or corporation from continuing such use, erection, construction, moving or alteration. If such use, erection, construction, moving or alteration is being or has been accomplished, the city attorney shall enjoin such person, firm or corporation from maintaining it. (Ord. 1122 § 2, 1996).

22.95.002 Penalty for violation.

(a) Any person, firm or corporation violating any provision of this title shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed $1,000, and each day such violation continues shall constitute a separate and distinct offense. Each sale, offer for sale or lease or transfer of a lot, tract or parcel of land in violation of this title shall likewise constitute a separate and distinct offense.

(b) In addition to the imposition of fines as authorized by subsection (a) of this section, the city may refuse to issue any further building permits, or may issue and enforce stop work orders for any construction upon a lot, tract or parcel of land divided in violation of this title, and may continue to do so until all lots, tracts or parcels of land within the particular subdivision have been divided in accordance with applicable state law and this title. (Ord. 1122 § 2, 1996).

22.95.003 Issuance of permit on illegally divided land.

No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapters 58.17 RCW or this title unless the director finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. (Ord. 1122 § 2, 1996).

22.95.004 Sale, lease or transfer of illegally divided land.

No lot or any portion of land divided in violation of state law or this title shall be sold, leased or transferred until such lot, tract or parcel has been divided in accordance with applicable state law or this title. (Ord. 1122 § 2, 1996).

22.95.005 Service charge for returned checks.

A service charge of $35.00 shall be imposed upon any person, firm or corporation who, in full or partial payment of a land development fee or obligation, tenders a check, which is thereafter returned to the city as a result of insufficient funds in the person’s, firm’s or corporation’s checking account. (Ord. 1328 § 5, 2003).